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The Universal Declaration of Human Rights Essay

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Before discussing any phenomenon or event, it is of crucial importance to identify the major factors, which contributed to it. The Universal Declaration of Human Rights should be analyzed within the context of the political, cultural, and religious situation, emerging in the middle of the twentieth century. As it is widely known, this act was adopted in 1948. According to this document, every person (or it would be better to say human beings) must be entitled to certain rights, which cannot take away from him or her (Weiss, 14).

At first glance, it may seem that this act should have been readily accepted by every nation; however, one should take into account that the Declaration of Human Rights was not received unanimously by all nations. For instance, representatives of some Islamic countries subjected it to heavy criticism. They stated that religious and cultural traditions were overlooked in this document (Ramcharan, 43).

The question arises of what prompted the United Nations Organization to develop and adopt this act. It stands to reason that first of all this declaration was the natural response to the events of World War II (genocide, violations of Genève convention, atomic explosion), which had proved that human rights could be easily violated even in the most developed countries. In addition to that, it became apparent that the international community did not come to a consensus about such a concept as “human rights”. As it has been pointed out earlier, Western and Eastern interpretations did not exactly coincide; therefore, some unification had to be achieved.

In this respect, we should explore the political situation in the Post-War period. Humankind was on the verge of a new conflict, the Cold War, but at that moment, the contradictions between the United States and the Soviets were not so aggravated, and both sides of the argument supported the idea of such declaration.

Regarding the religious environment, we should first say that the twentieth century is marked by a religious crisis, which means that to some extent, religion ceased to act as guidelines for people (the events of World War II eloquently substantiated this statement). Consequently, it was necessary to lay legal foundations, which were to ensure that at least basic human rights were preserved and protected (Asbeck,88). Naturally, we should not make generalizations because the religious crisis did not strongly affect Islamic countries but it was very tangible in Europe.

The events of World War II also showed that many people were not able to practice their religion. They were officially (or unofficially) prohibited to do it. In theory, the Declaration of Hunan guarantees that every person has religious freedom but it could not eradicate certain tacit laws, which still acted against some religious groups (Weiss, 134).

Furthermore, while analyzing the history of the twentieth century, scholars often attach primary importance to the so-called clash of cultures. At that moment, Easter and Western Worlds were only beginning to interact with each other but it was obvious that such notion as “human rights” was perceived in different ways. Partly, this declaration was aimed at strengthening the ties between the two most basic cultures or at least ensuring that they could efficiently cooperate (Ramcharan, 65).

New social developments also contributed to the adoption of this document. For instance, the growth of the feminist movement indicated that the roles of men and women should be reconsidered especially in terms of employment policies, and education. The adoption of the Declaration aroused a storm of protest in some Islamic countries because social equality of both sexes contradicted some tenants of the Muslim religion, especially regarding the role of women in the family and their dependence on their husbands.

In her book “A World Made New” Mary Glendon gives the reader insights into the atmosphere of that time. The author focuses on the role of Eleanor Roosevelt in developing this document. She was a member of the Human Rights Commission along with representatives of other countries. People, who were designated to draft this document, had to fight against insuperable odds, namely cultural-political, religious, and social controversies. It should be mentioned that even now this document is viewed as pro-Western and pro-American, though it seems its basic principles are universally applicable (Glendon, 33).

Nevertheless, the most important problem that Human Rights Commission had to resolve is how to make this doctrine applicable, in other words, whether this document had any legal force. Johannes Morsink in his book “The Declaration of Human Rights” argues that this legislative act was fully implemented only in the West; however, it did not become applicable in some other countries for example, in the USSR (Morsink, 8).

Thus, having analyzed political, religious, cultural, and cultural environment in the post-War Period we can arrive at the following conclusions: first Human rights commission had to resolve cross-cultural contradictions while drafting the declaration, especially different perceptions of human rights in the Western and Eastern cultures. However, the main problem that had to be resolved was the applicability of this legislative act. It seems that even now this issue remains very stressful because some countries only officially accepted the Declaration of Human Rights but even they do not follow its basic principles.

Bibliography

B. G. Ramcharan.Thirty Years After the Universal Declaration. BRILL, 1979.

Frederik Mari Asbeck. The Universal Declaration of Human Rights and Its Johannes Predecessors (1679-1948): And Its Predecessors (1679-1948). Brill Archive, 1949.

Morsink. The Universal Declaration of Human Rights: Origins, Drafting, and Intent. University of Pennsylvania Press, 2000.

Mary Ann Glendon. “A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights” Random House, 2002.

Thomas George Weiss. “The United Nations and Changing World Politics” Westview Press, 2004.

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2 Human Rights and the Charter of the United Nations

Dr. Vesselin Popovski

Learning Outcomes

After completing this chapter, readers should know and understand:

The context in which human rights provisions in the UN Charter must be read
The concepts of universality, inalienability, indivisibility, equality and non-discrimination of human rights.
The specific UN Charter articles that contain human rights provisions and the obligations of member states to comply with these provisions.

Human Rights and the UN Charter

This module introduces readers to the concept of human rights, based on universality, inalienability, indivisibility, interdependence, equality and non-discrimination. It explores the provisions of the UN Charter that explicitly refer to human rights and the roles that they play in promoting international co-operation. Human rights are a concern in all parts of the world and it is important that we study the provisions in the UN Charter that seek to promote and protect these rights and bring about greater international collaboration.

The Charter of the United Nations was signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organization, and came into force on 24 October 1945. Human Rights, since the inception of the United Nations, have been an important part of its purposes, ideals and functions. Human rights are mentioned as early as in the Preamble of the UN Charter of the United Nations, emphasizing that the UN Organization seeks “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 promote social progress and better standards of life in larger freedom”.

The Charter’s operative part contains six articles with explicit references to human rights, making the subject one of the central themes of the legal instrument. In 1948, the Universal Declaration of Human Rights brought human rights into the realm of international law. Since then, the Organization has diligently protected and promoted human rights through legal instruments and on-the-ground activities.

What are Human Rights?

Human rights are rights inherent to all human beings, whatever their nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible.

Universal human rights are often expressed and guaranteed by law, in the forms of treaties, customary international law, general principles and other sources of international law. International human rights law lays down obligations of Governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups.

Universal and inalienable

The principle of universality of human rights is the cornerstone of international human rights law. This principle, as first emphasized in the Universal Declaration on Human Rights in 1948, has been reiterated in numerous international human rights conventions, declarations and resolutions. The 1993 Vienna World Conference on Human Rights, for example, noted that it is the duty of States to promote and protect all human rights and fundamental freedoms, regardless of their political, economic and cultural systems.

All States have ratified at least one, and 80% of States have ratified four or more, of the core human rights treaties, reflecting consent of States which creates legal obligations for them and giving concrete expression to universality. Some fundamental human rights norms enjoy universal protection by customary international law across all boundaries and civilizations.

Human rights are inalienable. They should not be taken away, except in specific situations and according to due process. For example, the right to liberty may be restricted if a person is found guilty of a crime by a court of law.

Interdependent and indivisible

All human rights are indivisible, whether they are civil and political rights, such as the right to life, equality before the law and freedom of expression; economic, social and cultural rights, such as the rights to work, social security and education, or collective rights, such as the rights to development and self-determination, are indivisible, interrelated and interdependent. The improvement of one right facilitates advancement of the others. Likewise, the deprivation of one right adversely affects the others.

Equal and non-discriminatory

Non-discrimination is a cross-cutting principle in international human rights law. The principle is present in all the major human rights treaties and provides the central theme of some of international human rights conventions such as the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Elimination of All Forms of Discrimination against Women.

The principle applies to everyone in relation to all human rights and freedoms and it prohibits discrimination on the basis of a list of non-exhaustive categories such as sex, race, colour and so on. The principle of non-discrimination is complemented by the principle of equality, as stated in Article 1 of the Universal Declaration of Human Rights: “All human beings are born free and equal in dignity and rights.”

Both Rights and Obligations

Human rights entail both rights and obligations. States assume obligations and duties under international law to respect, to protect and to fulfil human rights. The obligation to respect means that States must refrain from interfering with or curtailing the enjoyment of human rights. The obligation to protect requires States to protect individuals and groups against human rights abuses. The obligation to fulfil means that States must take positive action to facilitate the enjoyment of basic human rights. At the individual level, while we are entitled our human rights, we should also respect the human rights of others.

Human Rights in the UN Charter

It has been noted by several commentators that the Charter is unsatisfactory as regards its human rights provisions, because it nowhere specifies these rights. For the representatives of the fifty governments who met in San Francisco in 1945 to write and sign the Charter, like the parliamentarians in the signatory states who ratified it – indeed, like most people in civilized countries – did share a common understanding of what were the most basic human rights, broadly defined. So nobody could say in good faith in San Francisco or in the United Nations that, as the Charter did not specify any human rights.

The provisions of promotion of human rights are present in article 1(3), part IX and article 76(c) of the UN Charter.

According to Article 1(3), one of the purposes of the United Nations is

“to achieve international co-operation…in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.”

It is self-evident that the Organization is obliged to pursue and try to realize its purposes. At the San Francisco gathering the chairman of the United States delegation Secretary of State Edward Stettinius expressed the sense of the Conference when he stated that the purposes listed in Article 1 of the Charter “are binding on the Organization, its organs and its agencies, indicating the direction their activities should take and the limitations within which their activities should proceed.”

Article 1(3) may be compared with a similar provision in 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:

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

Under Article 55(c), the United Nations is obliged to promote a certain end which is essentially identical with the end which, under Article 1(3), the Organization is obliged to promote and encourage by achieving international co-operation. In fact the two articles are more similar in meaning than they may appear. On a superficial reading, the obligation imposed on the United Nations by Article 1(3) relates to the achievement of international co-operation for the purpose of promoting respect for human rights, whereas the obligation imposed by 55(c) relates directly to the promotion of this end itself.

These two articles may now be compared with Article 76, which states “the basic objectives of the trusteeship system, in accordance with the Purposes of the United Nations laid down in Article 1.” These objectives include:

c) to encourage respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion…

Objective (c) concerns the encouragement of a certain end which is identical with the end referred to in Article 1(3), and also is essentially identical with that in Article 55(c). By Article 76(c) the United Nations, under whose authority the trusteeship system functions, is obliged to encourage the realization of this end.

The weightage given to Human Rights by the Charter is high considering that there is a repetition of the aims and means to attain the aim in various articles of the Charter and the Preamble.

Obligations by Member nations to comply with the Human Rights provisions in the UN Charter

Granted that the United Nations is obliged by its own Charter to pursue the purpose or objective of promoting and encouraging respect for human rights, what obligation does this fact impose on the Member States ? A general kind of understanding of the matter may be achieved by considering certain provisions in Article 2 of the Charter. The article begins with the words: “The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles” – and proceeds to specify seven principles. In the present connection, the most significant of the principles are the following:

All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter.
All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter…
Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state…

It may be argued that paragraph (2) merely affirms the Members’ general obligation to fulfil their various obligations under the Charter – which is tautological and superfluous. However, it is important to point out that the principle expressed in the paragraph is linked to, and must be read in conjunction with, the introductory words which refer to the purposes of the United Nations. The underlying idea is that the United Nations’ purposes, or rather the requirement and duty of the Organization to pursue them, imply for all the Members certain relevant obligations. What obligations? A general sort of answer is suggested by paragraph (5), namely: obligations in the form of giving assistance to whatever the Organization does in pursuit of its purposes. This must be taken to mean that Member States ought not only to refrain from obstructing the efforts of the Organization, but also to participate actively in these efforts. If Member States merely refrained from being obstructive, but they never did anything positive in connection with the purposes of the Organization, nothing much would ever be achieved. It follows, then, that the obligation of the United Nations to make efforts to develop international co-operation for the purpose of promoting respect for human rights implies that all Member States have an obligation to participate actively in these efforts.

Nothing more specific can be established from a study of Article 2 about the Member States’ human rights obligations, except a negative point contained in paragraph (7). According to this paragraph, the United Nations has no authority to undertake any action which constitutes an intervention in the domestic affairs of any state. In other words, the Organization is not permitted by its Charter – and therefore it is not obligated – to impose on any state, or compel it to accept, any arrangements in its internal administration or its relations to its own inhabitants, for whatever purpose. It was clearly understood by the authors of the Charter that whereas the United Nations and its Members should assume obligations for the promotion of respect for human rights, the actual observance of human rights was primarily the concern of each state.

In summary, the UN Charter imposes on the United Nations the obligation to initiate international co-operation, and on the Member States the obligation to participate actively and in good faith in such co-operation, for the purpose of promoting respect for human rights and fundamental freedoms for all, by bringing about the adoption of suitable legislative and administrative measures in all independent states and dependent territories. Indeed, the whole United Nations system may be seen as a framework of organs, agencies and other formal institutions, operating under international law, for the achievement of international co- operation in pursuit of the various purposes of the Organization. Co-operation for the promotion of human rights, carried out through the appropriate organs – basically the General Assembly and ECOSOC together with the Human Rights Council – may take a variety of forms, which must always be consistent with the principle of non-intervention in the domestic affairs of any state. Among permissible forms of co-operation are:

(A)Conduct studies and investigations, writing reports, holding debates on human rights problems, and in due course preparing recommendations and draft conventions embodying measures for the protection of human rights.

Exercise as effectively as possible the moral authority of the Organization with a view to persuading or inducing all states to accept the recommendations and ratify the conventions.

Waldheim, Kurt. 1985. In the Eye of the Storm , 134London: Weidenfeld & Nicolson.
Kelsen, Hans. 1951. The Law of the United Nations , 29London: Stevens & Sons.
Schwarzenberger, Georg. 1964. Power Politics, , 3rd ed., 462London: Stevens & Sons.
Lauterpacht, Hersch. 1950. International Law and Human Rights , 147London: Stevens & Sons.
Goodrich, L.M., Hambro, E. and Simons, A.P. 1969. Charter of the United Nations: Commentary and Documents, , 2nd ed., 25New York and London: Columbia University Press.
Russell, Ruth B. 1958. A History of the United Nations Charter , 783Washington, DC: Brookings Institution.

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The Universal Declaration of Human Rights is one of the first UN documents to elaborate the principles of human rights mentioned in the UN Charter. It was adopted by General Assembly resolution 217 A (III) on 10 December 1948 , by a vote of 48-0-8.

Resolution symbol: A/RES/217 A (III)
Meeting record: A/PV.183
Voting summary: 48-0-8

Human Rights Day is celebrated on 10 December every year.

The Universal Declaration of Human Rights (UDHR) is one part of the resolution on the "International Bill of Human Rights" ( A/RES/217 (III) ). Following the adoption of this five-part resolution in 1948, two covenants were drafted that are also considered part of the International Bill of Human Rights, both were adopted in 1966:

International Covenant on Economic, Social and Cultural Rights (ICESCR)
International Covenant on Civil and Political Rights (ICCPR) and its Optional Protocols

Unlike the covenants, the UDHR is not a treaty and has not been signed or ratified by states. See the UN Treaty Collection Glossary for more information on declarations.

The UN has adopted many more declarations and conventions on human rights topics since 1948. The lists on the UN Treaty Collection and the Office of the High Commissioner for Human Rights websites are excellent starting points for research.

The drafting of the Universal Declaration of Human Rights took place from 1946-1948 in several bodies including:

Drafting Committee
Commission on Human Rights
General Assembly, including the Third Committee

Documents related to the drafting are available online through the ODS , UN Digital Library and the Drafting of the Universal Declaration of Human Rights research guide. Links to additional archival materials are found in the UNOG research guide on the UDHR .

There are several ways to approach research on the drafting of the UDHR. Procedural histories or travaux préparatoires of the UDHR provide reference to the documents including drafts of the declaration, proposals by countries, meeting records, reports, and voting information.

The UN Audiovisual Library of International Law has a brief scholarly procedural history of the UDHR, including an overview of the drafting process, links to selected UN documents, and related audio, video and photos.
The Universal Declaration of Human Rights: The Travaux Préparatoires . Edited by William A. Schabas. (Cambridge: Cambridge University Press, 2013). 3157 p. ( library holdings in WorldCat ) This reference book not only includes the relevant documents, but also indexes the documents by subject, article of the UDHR, personal name of participants, and country. This is an excellent starting point for research on country positions and the drafting of specific articles or paragraphs.
Many additional websites, articles and books concern the UDHR, its drafting, its impact and/or various aspects of the declaration. Consult your librarian for help finding material available to you.

The drafters of the UDHR included many prominent people from around the world. The meeting records of the drafting bodies list the participants in the meetings; meeting records of the Economic and Social Council and the General Assembly generally name just the presiding officer and the speakers. Eleanor Roosevelt served as the Chair of the Commission on Human Rights during the drafting of the UDHR; she is sometimes referred to in meeting records as Chairman or Mrs. Franklin D. Roosevelt.

Some sources for starting research on the drafters include:

The research guide on drafting of the UDHR includes brief biographies of members of the Drafting Committee
The Human Rights Day website highlights the contributions of several women
The index to the Schabas Travaux Préparatoires lists contributions by personal name and by country
Books and articles have been published about some of the UDHR drafters

The meetings of the various drafting bodies were held in different places. The meeting records or the reports of the bodies on their sessions indicate the date, time and location of the meetings. The declaration was adopted at the Palais de Chaillot in Paris, where the third session of the General Assembly was held. The meeting at which the UDHR was adopted ( A/PV.183 ) was held in the "grande salle" of the Palais de Chaillot in Paris, France. The Palais is a theatre and the "grande salle" is its main room.

Translations

At the time of the adoption of the UDHR in 1948, resolutions of the General Assembly were published in Chinese, English, French, Russian, Spanish. Over 500 translations can be found on the UDHR website of the Office of the High Commissioner of Human Rights , including videos in several sign languages.

Links and Resources

OHCHR website on UDHR
Human Rights Day website
UNOG Library research guide on UDHR
OHCHR Library guide to UDHR resources
Audiovisual Library of International Law - Historic Archives
Ask DAG: What are travaux préparatoires and how can I find them?
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Universal Declaration of Human Rights (1948), Drafting History by Dag Hammarskjöld Library Last Updated Dec 8, 2023 16015 views this year
Universal Declaration of Human Rights (1948): 30 Articles - 30 Documents: Exhibit for the 75th Anniversary by Dag Hammarskjöld Library Last Updated May 7, 2024 14151 views this year
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Essay on Human Rights: Samples in 500 and 1500

Updated on
Dec 9, 2023

Essay writing is an integral part of the school curriculum and various academic and competitive exams like IELTS , TOEFL , SAT , UPSC , etc. It is designed to test your command of the English language and how well you can gather your thoughts and present them in a structure with a flow. To master your ability to write an essay, you must read as much as possible and practise on any given topic. This blog brings you a detailed guide on how to write an essay on Human Rights , with useful essay samples on Human rights.

This Blog Includes:

The basic human rights, 200 words essay on human rights, 500 words essay on human rights, 500+ words essay on human rights in india, 1500 words essay on human rights, importance of human rights, essay on human rights pdf.

What are Human Rights

Human rights mark everyone as free and equal, irrespective of age, gender, caste, creed, religion and nationality. The United Nations adopted human rights in light of the atrocities people faced during the Second World War. On the 10th of December 1948, the UN General Assembly adopted the Universal Declaration of Human Rights (UDHR). Its adoption led to the recognition of human rights as the foundation for freedom, justice and peace for every individual. Although it’s not legally binding, most nations have incorporated these human rights into their constitutions and domestic legal frameworks. Human rights safeguard us from discrimination and guarantee that our most basic needs are protected.

Did you know that the 10th of December is celebrated as Human Rights Day ?

Before we move on to the essays on human rights, let’s check out the basics of what they are.

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The Oxford Handbook of United Nations Treaties

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1 The UN Charter and Its Evolution

Ian Johnstone is Dean ad interim and Professor of International Law at the Fletcher School of Law and Diplomacy at Tufts University

Published: 02 July 2019
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This chapter conceives of the United Nations Charter as a “relational contract,” placing it somewhere between an ordinary treaty and global constitution. It is a legal instrument that structures a long-term relationship among UN member states and as such provides the normative and procedural foundation for much multilateral treaty-making. In other words, it is both a relational contract in itself and the embodiment of the relationship in which other multilateral treaties are negotiated, adopted, and implemented. While there are limits to the analogy, viewing the Charter in this way helps to explain how interpretation of the Charter has evolved. It also sheds light on the UN as a venue for and actor in treaty-making, and the implications of that for the development of treaty law. The chapter concludes that insights from relational contract theory show why the UN Charter has survived as the foundation for the international order, and why it is resilient enough to continue to do so despite the fundamental challenges to that order that are currently being witnessed.

This chapter seeks to answer two questions: What type of legal instrument is the United Nations Charter, and why has the UN come to play such a central role in treaty-making? I draw on relational contract theory to answer both. My central claim is that the Charter is neither an ordinary treaty nor a global constitution, but something in-between. It is a legal instrument that structures a long-term relationship among UN member states and as such provides the normative and procedural context within which many multilateral treaties are made.

The chapter begins with an explanation of relational contract theory and how it illuminates the nature of the UN Charter. A section on interpretation of the Charter as a “living tree” follows. The third section looks at the UN as both a venue for and actor in treaty-making. The chapter concludes with reflections on where this is heading. If the strength of a “relational” treaty depends in part on the desire of the parties to preserve the relationship it embodies, do the current challenges to the UN and multilateralism generally put the viability of the Charter in jeopardy?

1 The Charter as a Relational Contract

The UN Charter is not an ordinary treaty. It has certain constitution-like features that distinguish it from most other treaties. 1 Foremost among them is the primacy principle embodied in Article 103, which holds that in the event of a conflict between obligations under the UN Charter and those under any other agreement, the Charter trumps. Second, like most national constitutions, amending the Charter is difficult—requiring the approval of a supermajority in the General Assembly, including all five permanent members of the Security Council. A third feature is that the Charter spells out the division of competencies among the constituent parts of the organization. Moreover, some of its core articles are “constitutive rules” of the international system—rules that do not simply regulate the conduct of states, but give structure to the international system. 2 The principle of sovereign equality, the prohibition against the use of force, and respect for the obligations that arise from treaties (pacta sunt servanda ) are amongst these rules.

While the Charter has certain constitution-like features and is the constitutive act for the United Nations, it is not a global constitution. To begin with, even its constitutional elements are more limited than the above account suggests. By its terms, Article 103 applies only to other “agreements,” not customary law or general principles. Amendment is difficult, but that is not a defining feature of all constitutions nor is it true only of constitutional documents. Indeed, most treaties require a consensus to be amended, whereas a qualified majority vote is enough for the Charter. It spells out the division of powers among organs, but those powers are quite limited with only the Security Council possessing supranational authority. Finally, while the constitutive rules provide a structure for the international legal system (based on state sovereignty), a true constitution governs a single polity—in democratic theory, a demos. International society is not a single polity.

The Charter, therefore, falls somewhere between an ordinary treaty and a constitution. This gray area is hard to define, but an analogy to relational contracts is instructive. Relational contract theory (RCT) emerged in the United States in the 1970s as an alternative to classical contract theory. Classical theory sees a contract as essentially a transaction between two entities, in which one asset is exchanged for another (typically money for a good or service). An archetypal transactional or “discrete” contract is the purchase of a tank of gasoline on a highway far from home. Relational contracts are not a single exchange but rather seek to structure a long-term relationship. Collective bargaining agreements between unions and management are a good example. Franchise agreements are another. Some have characterized marriages in that way. 3 Moreover the relational nature of the contract has two dimensions. As noted, it provides the structure or framework for a long-term relationship. At the same time, the contract itself is embedded in a broader context of existing legal and social norms. 4 No contract is purely one or the other. Even buying a tank of gasoline assumes a set of background norms—for example, the exchange value of money, and government rules on the quality of the gas and accuracy of the pumps. However, certain types of contracts fall closer to one end of the spectrum than the other.

Treaties can be conceived along a similar spectrum, with the UN Charter falling at the “relational” end. 5 Ian MacNeil, the originator of RCT, states, “contract can only be understood as a complex interaction between self-interest and social solidarity.” 6 The mere act of entering into a contract is a social act—evidence that one is participating in society and its conventions. By analogy, the UN can be seen as embodying a complex interaction between national interests and global solidarity. While the UN was created to be a truly universal organization, covering all areas of international activity and giving all member states the chance to collaborate with each other, it is fundamentally an intergovernmental organization where states pursue national interests. Moreover, the structure ensures that the security interests of the five permanent members of the Security Council cannot be compromised.

More specifically, the UN Charter is like a relational contract in four ways. 7 First, it structures an enduring relationship among member states but does not spell out in detail the terms of that relationship. Most important provisions of the Charter are open-textured, with many contingencies not provided for. Tacitly, the parties have committed to cooperate with each other over time—filling in some of the gaps and managing the disputes and tensions that are bound to arise.

Second, consistent with RCT, the Charter implicates stakeholders other than the direct parties. When the UN was founded, although not every state in the world was a member, every state would be affected by decisions taken there. Article 2(6) even stipulates that nonmembers should be pressured to act in accordance with the Charter’s principles. Moreover, parties to the Charter are the governments of the world yet it is signed in the name of “we the peoples.” It includes provisions on human rights and self-determination, which challenge governmental authority. This does not alter the intergovernmental nature of the UN, but it does suggest that people as well as governments are stakeholders in what the UN does.

Third, the Charter has been and should be interpreted broadly in light of changing circumstances. Because not every contingency is explicitly covered and because there are stakeholders other than the founders, proper interpretation requires looking beyond the “four corners of the page.” This is true of any treaty, whose terms are to be read “in their context and in the light of [the treaty’s] object and purpose.” 8 Being on the far end of the transactional-relational spectrum, it is especially true of the UN Charter.

Fourth, interpretation, implementation, and enforcement of the Charter tend not to occur through adjudication but through diplomatic and discursive interaction among its members. The International Court of Justice (ICJ) settles some disputes and offers Advisory Opinions but disputes over the meaning of Articles 2(4), 2(7), 39, 51, 99, and other key provisions rarely get settled in courts. RCT downplays judicial settlement because constant litigation can undermine the relationship the “contract” is meant to preserve. (Consider a marriage.) The threat of adjudication is valuable because it can level the playing field between unequal states, but an expectation that every dispute will be settled through adjudication can be a disincentive to negotiate and compromise.

Of course, there are limits to the relational contract analogy. Domestic contracts (relational or otherwise) are usually between two parties only. The UN Charter and all treaties negotiated in the UN are multilateral. This raises questions about whether the Charter should be viewed as a contract at all, but if one does accept the contract analogy, it suggests that RCT is more illuminating than classical contract theory. A more telling limit to the analogy is the fact that the background legal and social norms are much thinner at the international level than in well-functioning states. The interdependence among states that is embodied in the UN Charter is subverted by power asymmetries that are more pronounced than for most relational contracts.

Despite those limitations, viewing the Charter as a relational contract can be instructive. It helps to explain and justify the evolution of the Charter through dynamic interpretation, as well as prominent features of ICJ jurisprudence such as the implied powers doctrine. It also sheds light on why the UN became a venue for and actor in treaty-making, and what are the implications of that for the development of treaty law. In sum, the UN Charter is both a relational contract in itself and is the embodiment of the relationship in which other multilateral treaties are negotiated, adopted, and implemented.

2 The Evolving Charter

In this section, I will first consider who interprets the UN Charter, highlighting the fact that it is rarely the ICJ. Interpretation more often occurs through a discursive process primarily amongst states but also nonstate actors, typically in response to incidents or through the implementation of programmatic activities. I will then discuss how the Charter has been interpreted as a living instrument, with examples from the field of peace and security. This section concludes with insights about Charter interpretation that can be drawn from RCT.

2.1 Who Interprets the Charter?

At the UN Conference on International Organizations it was decided that, as a general matter, “each United Nations organ interprets such parts of the Charter as are applicable to its functions.” 9 The General Assembly, Security Council, ECOSOC, and all specialized agencies can request the ICJ to provide an Advisory Opinion on Charter interpretation. States can also submit a dispute to the ICJ that may require it to interpret Charter provisions. But otherwise, each organ decides for itself what the Charter means in respect of the functions it performs. An important implication of the UN Conference is that the ICJ was not given the power of judicial review over decisions by the political organs. It is not difficult to understand why. Doing so would have run the risk that the ICJ could constrain the ability of member states to perform what were essentially political functions, especially in the Security Council. Interpreting the Charter was seen as a political rather than legal exercise.

The US Constitution does not give the Supreme Court the power of judicial review either, but the Supreme Court asserted such authority in the famous case of Marbury v. Madison. The ICJ has not had its Marbury moment, but there have been some cases in which it hinted that it might assume that power, notably the Lockerbie and Bosnia Genocide cases. 10 Neither case proceeded to the merits, but some scholars—based on their readings of the preliminary rulings and statements of some of the judges—felt the court left the door open to judicial review. 11 José Alvarez doubts the ICJ will ever do so, but claims it engaged in an “expressive mode of review.” 12 The Court in its advisory opinions and contentious cases can and often must comment on Council action, perhaps critically, short of a finding that it exceeded its competence. In a sort of dialogue with the Council, some of the judges in the Lockerbie case sent signals or “warnings” to exercise care not to undermine basic legal rights in how it goes about its functions. 13

Even more interestingly, the European Court of Justice (ECJ) has engaged in indirect judicial review of the Council. In a series of decisions in the famous Kadi case, the Court of First Instance (now General Court) and the ECJ ruled that EU regulations imposing sanctions on individuals associated with the Taliban and al-Qaeda violated fundamental human rights, in particular due process rights. 14 Eventually the Security Council introduced new procedural protections for those placed on the sanctions list. The Council never explicitly acknowledged that it was responding to the ECJ ruling (and that of multiple national courts), but its actions were an indirect response to what was, in effect, indirect judicial review.

This dialogue with the Council about the limits of its powers is not restricted to courts. The UN General Assembly, the Secretary-General, and senior UN officials such as the High Commissioner for Human Rights may also send signals. Individual and groups of states can as well. Thus, members of the Organization of African Unity collectively rebelled against the sanctions imposed on Libya that became the subject of the Lockerbie proceedings. 15

2.2 Interpretation in Practice

It is not difficult to find examples of how the Charter has been interpreted as a “living tree.” It dates back to the earliest days of the United Nations and found expression in the implied powers doctrine. In the Reparations case, the ICJ decided that the UN could bring an international claim on behalf of one of its agents who suffered injuries in the performance of his duties. The Court applied the so-called “functional limitation test”: “Under international law, the Organization must be deemed to have those powers which, though not expressly provided by the Charter, are conferred upon it by necessary implication as being essential to the performance of its duties.” 16 It decided that the UN must often rely on agents to carry out missions, and since those missions are often dangerous and politically sensitive, the UN must have the right to bring a claim on the agent’s behalf in order that the functions may be carried out efficiently and without interference.

Following that logic, the UN has engaged in numerous activities that are not explicitly provided for in the Charter and were not contemplated in 1945. The term “peacekeeping,” for example, does not appear anywhere in the UN Charter. Yet, based on an expansive reading of Chapter VI, the Security Council established small observer missions on the India-Pakistan border and in the Middle East in the 1940s. In 1956, the General Assembly established the first armed peacekeeping mission on the Sinai Peninsula in the aftermath of the Suez Canal crisis. Today, peace operations deployed under Chapters VI, VII, or both have become the signature activity of the UN. It is the result of constructive interpretation of the broad powers conferred on the Council and General Assembly when it became apparent that the collective security scheme embodied in the Charter could not function as intended. That scheme depended on unanimity among the permanent members of the Security Council and their willingness to put forces on standby for UN-authorized military action, based on “special agreements” pursuant to Article 43. The superpower rivalry meant no such agreements were ever reached.

Based on Article 99 of the UN Charter, the Secretary-General has engaged in fact-finding and good offices without an explicit mandate from the UN’s political organs. Early in his term, Trygve Lie sent a commission of inquiry to investigate alleged infiltration across Greece’s northern frontier. He said to the Security Council at the time that he hoped the Council would understand that he reserved the right to make such inquiries as he deemed necessary in order to know whether a matter should be brought to its attention. 17 The Council agreed, and since then there has been little question that fact-finding initiated by the Secretary-General falls within the authority of Article 99. Dag Hammarskjold took matters a step further by engaging in personal diplomacy to secure the release of American aircrew imprisoned in Beijing in 1955. In 1958, he augmented the UN observer group in Lebanon on his own initiative. Afterward he said to the Council, “Were you to disapprove, I would of course accept the limits of your judgement.” 18 The Secretary-General’s actions represented an expansive interpretation of Article 99, leaving it to the Council to rein him in if it disapproved of his judgment. It did not.

In the post–Cold War era, the Security Council has acted in a quasi-legislative manner—first by creating ad hoc criminal tribunals in the former Yugoslavia and Rwanda in 1992 and 1994 respectively, 19 then by imposing far-reaching obligations on all member states in the field of counterterrorism. 20 The Council has also delegated substantial law-making powers to its subsidiary organs. For example, the international transitional administrations established for Kosovo and East Timor in 1999 were granted full legislative and executive authority within the territories they governed for a transitional period, and other peace operations have been given more limited executive powers, such as the power of arrest. The Council has acted in a quasi-judicial manner by declaring Iraq to be liable for damages caused during its 1990 invasion of Kuwait, and then demarcating the border between the two states. 21 Under Article 42, it has imposed asset freezes and travel bans on individuals, 22 sparking the indirect back and forth between the Council and ECJ described earlier.

The Council has employed a broad reading of “threat to the peace” within the meaning of Article 39 to authorize humanitarian intervention. This began (ambiguously) in Northern Iraq in 1991 and was followed through a series of cases in the 1990s from Somalia, to Bosnia, Haiti, and Sierra Leone. None of these was a pure case of humanitarian intervention, but in all of them the Security Council authorized military action in part for humanitarian purposes. The 1999 intervention in Kosovo was not explicitly authorized by the Security Council, but the military action in Libya 12 years later was. 23 In that same year in Côte d’Ivoire, the Council reaffirmed a protection-of-civilians mandate that was used by a UN peace operation and French forces as the legal basis for robust military action to help install democratically elected president Alassane Ouatarra in power.

Article 51 has been interpreted broadly to extend well beyond military aggression by one state against another. 24 Thus, in 2001, it was invoked by the United States to justify military action in Afghanistan in response to the terrorist attacks of September 11, 2001. This was a stretch of the concept of self-defense in three respects. First, it was invoked against a nonstate actor (al-Qaeda). 25 Second, the US deemed supporting and harboring the perpetrators to be enough to make the Taliban government complicit in the terrorist acts. This is a more relaxed standard than the Nicaragua case, which would attribute conduct of insurgents to a neighboring state only if they were “sent by or on behalf of” that state. Third, in exercising its right of self-defense, the United States and its allies changed the regime that was in power in Afghanistan. While the Taliban was not widely recognized by the outside world as the country’s legitimate authority—its representatives were never allowed to occupy the seat in the UN, for example—it was in control of 90 percent of Afghan territory. While lawyers may argue about whether the military action violated Article 51, the international community as a whole seems to have accepted the US government’s position. 26

Finally, as Rosalyn Higgins pointed out many years ago, the Article 2(7) line between matters of international concern and those that are “essentially within the domestic jurisdiction” of a state has shifted. 27 Consider the UN’s peace-building operations and democracy-promoting activities. These are undertaken with the consent of the host government and therefore arguably not “intervention,” but nevertheless demonstrate that our understanding of Article 2(7) has evolved. Such evolution has occurred primarily through the practices of the UN rather than judicial interpretation.

2.3 Charter Interpretation and Relational Contract Theory

How does relational contract theory help to understand the developments described above?

First, RCT illustrates the relational rather than transactional nature of the UN Charter. Most of the discourse occurred not in courts, but through the practices of the UN and the interaction among state and—to a lesser extent—nonstate actors. Even when courts rendered judgments on the issues in dispute, it often played out as dialogue rather than binding and enforceable dispute settlement.

Second, it is clear that the Charter has been interpreted dynamically to accommodate new threats, challenges, and opportunities without requiring Charter amendment. There have been many developments—one might even say deviations from strict Charter terms—since 1945. But equally important, these developments occurred within the normative context embodied by the UN Charter. The meaning of its terms may have been expanded, but the Charter remained the foundation for the practice and discourse around that practice. In other words, the rules were stretched and bent, but they were not ignored or torn up.

Third, dynamic interpretation of the UN Charter is not a game played among equals. If anything, treating the Charter as a “living tree” rather than a multiparty transaction with clearly spelled-out rights and obligations benefits the more powerful. Powerful states often prefer vague law, enabling them to set the terms of the discourse and present plausible interpretations that advance their interests, which weaker states have trouble resisting. Violations of hard precise law are more easily branded as such in the court of international governmental and public opinion, imposing reputational costs if nothing else. This is why some critical legal theorists regret the creative interpretation of open-textured norms and call for a return to formalism. 28

3 UN Treaty-Making

As noted previously, the UN Charter provides the normative and procedural context within which many multilateral treaties are negotiated and implemented. So, for example, negotiating a UN counterterrorism convention that impinged on fundamental human rights would face substantial resistance. Similarly, seeking to deprive nongovernmental organizations any access to treaty negotiations in a UN setting would go against long-standing practice, dating back at least to the United Nations Conference on the Human Environment in Stockholm, 1972. These norms and practices may or may not have roots in Charter language, but in either case they emerged and evolved as UN member states interacted with each other, in effect defining the nature of the relationship amongst them. Obviously, subgroups within the UN have tighter bonds than the membership as a whole. Although there is no “global identity” that binds all UN member states together, this does not prevent a set of shared assumptions, expectations, and understandings from emerging over time. 29 Even if these shared expectations and understandings have not been fully internalized by all states, they do impact the ability of the UN to function as both a venue and actor in the negotiation, interpretation, and implementation of treaties. The impact is often positive, though as noted at the end of this section, it can also be negative.

3.1 The United Nations as a Venue

The UN was not conceived as being a legislative body. Other than the Security Council, UN intergovernmental organs do not have the power to make binding decisions other than on internal matters, such as the budget and elections. There is strong language in the Charter about respect for international law but, beyond Article 1(4), which lists “harmonizing the actions of states” as a purpose of the organization; and Article 62(3), which empowers ECOSOC to submit draft conventions to the General Assembly, there is little about creating new law. Yet, the General Assembly and its subsidiary organs have become important venues for adopting multilateral treaties. RCT helps to explain why.

First, the purposes and principles of the UN are set out in rather broad terms in the Charter. Thus, while the promotion of human rights is one of the objectives listed in Articles 1 and 55, all the Charter asks of member states is “to pledge themselves to take joint and separate action” to achieve that purpose (Article 56). A rationale for human rights treaty-making is to give effect to that open-ended pledge. The UN did so first by adopting the Universal Declaration of Human Rights (not a treaty), whose terms were later codified in the two International Covenants—both negotiated and adopted in the Human Rights Commission. Today, there is a dense web of human rights treaties negotiated in the UN, many of which are overseen by UN treaty bodies.

Second, the UN has been a convenient place to meet the demand for new law, for reasons captured by neoliberal institutionalism. 30 According to the theory, international institutions facilitate cooperation among states for several reasons: they lower transaction costs, not least by providing the physical infrastructure for multilateral negotiations; they enable states to learn about each other’s interests and preferences; they enhance transparency by facilitating the flow of information; and they create opportunities for linkages and mutually beneficial trade-offs among issues. In sum, states find it easier to negotiate and bargain with each other in settings where they have a preexisting relationship, rather than starting from scratch in an ad hoc conference. Of course, other factors may militate against using the UN as a venue. For example, in UN settings all states have the right to participate in the negotiations. Some issues do not lend themselves to negotiations among 193 states and have achieved more progress in other fora, such as the Ottawa Land Mines Convention.

Third, multilateral treaties are a mechanism for managing the fragile relationship among the UN’s member states. To use an analogy from treaty practice, the UN Charter is akin to a framework convention and the treaties negotiated under its auspices are like protocols. Following on points one and two above, the Charter establishes the normative and procedural parameters for how to manage that relationship, with the details worked out organically over time. Sometimes that crystallizes into treaties, as was the case with the human rights covenants; sometimes not, as with the stalled efforts to adopt a comprehensive convention on terrorism.

Fourth, the UN system offers multiple fora for negotiations: the General Assembly, ECOSOC, the various funds and programs (such as UN Environment Programme (UNEP)), and the specialized agencies (such as the International Labour Organization (ILO) and WHO). For the General Assembly and its subsidiary organs, the steps in the treaty-making process are relatively standard: producing an initial draft, negotiating, adopting, signing (with or without reservations), and then ratifying it by the requisite number of states. There are interesting variations on this standard process in some of the specialized agencies. For example, all ILO members—including those who vote against a labor convention—are obliged to bring the treaty to the attention of competent domestic authorities for appropriate action. If action is not taken, members must report that back to the ILO with an explanation. This is designed to put pressure on members to reject a treaty only for good reasons. 31

These variations create the possibility of forum shopping, with all the implications—positive and negative—associated with that. One benefit is that different kinds of expertise reside in the secretariats of different organizations. It makes sense to negotiate labor treaties in the ILO, health treaties in the WHO, treaties on cultural heritage in UNESCO, etc. On the other hand, the dynamics within those organizations may push some states to seek other fora where they are more likely to achieve preferred outcomes. Thus, some environmental treaties are negotiated in UNEP; many are not.

3.2 The United Nations as an Actor

What does it mean to call any organization an actor as opposed to venue? To begin with, supranational powers make an IO an actor, because some members can be bound by decisions they did not vote for. The EU has such powers, as does the Security Council of the UN. In terms of treaty-making, most IOs do not have supranational power (not even the EU), but there are a few interesting exceptions. The constituent instruments of at least two specialized agencies can be amended by qualified majority vote: the Statute of the IAEA (International Atomic Energy Agency) (by two-thirds majority) and the Articles of Agreement of the IMF (International Monetary Fund) (by three-fifths of its members who have 85 percent of the weighted voting power). For the United States, the IMF procedure is inconsequential because the United States has 17 percent of the voting share; for other members, the IMF can “act” on them in this way.

Another actor-like feature of an IO is when secretariat officials, experts, and nongovernmental organizations play an influential role in treaty-making. The quasi-official International Law Commission plays a large role preparing treaties. Senior officials of the UN are often instrumental in producing treaty drafts. Increasingly, nongovernmental organizations participate in negotiations, not in a voting capacity, but with independent influence. Constituent parts of the UN can be a focal point for the coalescence of these nongovernmental actors. The Montreal Protocol on Substances that Deplete the Ozone Layer illustrates this point. A resolution was appended to the Vienna Convention for the Protection of the Ozone Layer empowering UNEP to convene working group negotiations for a Protocol. These working groups were composed of not only government representatives, but also scientists, industry representatives, nongovernmental activists, and other experts. Under the charismatic leadership of then Executive Director Mostafa Tolba, this gave UNEP leverage to force the agenda in the face of lingering opposition to chlorofluorocarbon (CFC) controls. More recently, it facilitated the adoption of the Kigali Amendment on hydrofluorocarbons, a substance that replaced CFCs as a refrigerant in household appliances which contributes to global warming.

Third, UN system entities are actors in interpreting, monitoring, and overseeing the implementation of treaties. Like the Charter itself, UN treaties often become the subject of interpretative disputes. There are various mechanisms for providing authoritative interpretation, starting with but not restricted to the ICJ. Ten treaty bodies interpret the main human rights treaties, as do the Human Rights Council and its thematic and country rapporteurs. Even if the reports, opinions, and decisions of these entities are not binding, they can be an influential source of guidance. The General Comments of UN treaty committees, for example, are considered to be authoritative interpretations of the treaties they monitor. Similarly, the “views” of the human rights committees in dealing with individual complaints are often followed in practice. The ILO Office and associated experts play a similar role for the labor conventions. By clarifying the law, interpretation has the effect of promoting compliance. 32 When it gives content to vague provisions or fills gaps in a treaty, interpretation is a form of lawmaking.

Finally, many UN entities contribute to the development of treaty law through operational activities. This can be in the form of technical assistance to help states fulfill their obligations under a treaty—for example, assistance the UNHCR provides for states to comply with the Refugee Convention. The programmatic activities of IOs may also be a way of implementing imprecise treaty norms, causing them to harden as a result. 33 Thus electoral assistance and monitoring activities by the UN have given content to the right to political participation. Arguably, UNICEF programs have done the same for child rights, WHO programs for the right to health, and the World Food Program for the right to food. Again, to the extent that these activities lead to the “hardening” of treaty norms, they are a form of lawmaking. 34

3.3 UN Treaty-Making and Relational Contract Theory

How does relational contract theory help to explain the features of UN law-making described above?

First, multilateral treaties adopted through interaction among UN member states can sustain or even deepen the relationship embodied in the UN Charter. This happens in various ways. The treaties help to achieve broad Charter goals such as peace, human rights, and economic and social cooperation. Mechanisms for interpretation and oversight help manage the relationship without resort to judicial dispute settlement. Operational activities by UN agencies not only implement the treaties, but also fill gaps and give content to imprecise treaty norms.

Second, UN processes tend to be relatively inclusive—accounting for the interests of a wide range of stakeholders. All members of the UN have the right to participate in the negotiation of treaties. UN officials and experts can help to assess and balance the competing interests of states involved. Nongovernmental actors and representatives of civil society can speak for voices that might not otherwise be heard, or at least can sound the alarm when their interests are being ignored. If global civil society has the chance to witness, question, and critique what the UN does—whether directly or in the court of public opinion—that creates an incentive for those within the institution to refrain from behavior that will attract criticism. 35 While far from a fully inclusive deliberative setting, the UN does reasonably well compared to most other institutions.

Third—and this is a downside of treaty-making in the UN—managing the relationship among 193 states with widely diverse interests can inhibit agreement on anything but the lowest common denominator. The difficulty of global negotiations creates an incentive to move away from universal, multilateral treaty-making to more flexible and efficient arrangements—what has been called “plurilateralism,” 36 “minilateralism,” 37 or “the new multilateralism.” 38 Security Council quasi-legislating is an illustration. The resurgence of regionalism in Africa and Asia is another. New development and financial institutions such as the Asian Infrastructure Investment Bank and BRICS Development Bank are a third. Non-binding arrangements among groups of states, such as G-20 agreements on the global economy and the Proliferation Security Initiative are also manifestations of plurilateralism. Arguably, the populist challenge against multilateral institutions generally is a dimension of this phenomenon, with Brexit as Exhibit A.

4 Conclusion

It is tempting to conclude that the challenge to global institutions means the United Nations and treaty-making under its auspices are past their prime. If the Charter is indeed a relational contract, these challenges reflect a loss of faith in that contract. Anxiety about the future of the UN is driven in part by its perceived inability to cope with phenomena such as terrorism, cyberattacks, the diffusion of technology, and the pace of socioeconomic change. As an inter-governmental organization composed of 193 states and rigid decision-making processes, it may no longer be fit for purpose. However, a fundamental tenet of relational contract theory is that the viability of the relational contract depends heavily on the desire of the parties to preserve that relationship. The UN has proven to be a resilient institution despite the dramatic changes that have occurred since it was founded in 1945. Through the Cold War, decolonization era, unipolarity at the end of the Cold War, and rise of intrastate conflict and terrorism since then, the UN faced many challenges—including some that seemed existential. Yet it survives. The Organization is again being put to the test by deep geopolitical fissures and nationalist sentiment. If history is any guide, the web of relationships embodied in the UN Charter and UN treaties is resilient enough to pass this test too.

Simon Chesterman, Ian Johnstone, and David Malone, Law and Practice of the United Nations: Documents and Commentary (2nd edn OUP 2016) xxxiii–xxxix. For other scholars who explore the “constitutional” nature of the UN Charter, see Bardo Fassbender, The United Nations Charter as the Constitution of the International Community (Martinus Nijhoff 2009); Pierre-Marc Dupuy, “The Constitutional Dimension of the UN Charter Revisited,” (1997) 1 Max Planck Yearbook of United Nations Law xix; Michael Doyle “Dialectics of a Global Constitution: The Struggle over the UN Charter” (2012) 18 European Journal of International Relations 601.

On the concept of “constitutive rules”, see John Searle, The Construction of Social Reality (Free Press 1995).

Elizabeth Scott and Robert E Scott, “Marriage as a Relational Contract” (1998) 84 Virginia LR 1225.

James W Fox, “Relational Contract Theory and Democratic Citizenship” (2003) 54 Case Western Reserve LR 1, 10–16.

Elsewhere I have argued that peace agreements in the aftermath of civil wars are like relational contracts. Ian Johnstone, “Managing Consent in Contemporary Peace Operations” (2011) 18 International Peacekeeping 160; see also Bart Smit Duijzentkunst and Sophia Dawkins, “Arbitrary Peace? Consent Management in International Arbitration” (2015) 26 EJIL 139. On the application of relational contract theory to other areas of international law, see Edwin Smith “Understanding Dynamic Obligations” (1991) 64 Southern California LR 1549; Jared Wessel, “Relational Contract Theory and Treaty Interpretation: End-Game Treaties v. Dynamic Obligation” (2004) 60 NYU Annual Survey of American Law 149.

IR MacNeil, The New Social Contract: An Inquiry into Modern Contractual Relations (Yale University Press 1980) 94–98.

These characteristics of relational contracts draw on the writings of leading domestic contract scholars: MacNeil (n 6 ); Scott and Scott (n 3 ); Fox, supra n. 4; and Charles Goetz and Robert Scott, “Principles of Relational Contracts” (1981) 67 Virginia LR 1089.

Vienna Convention on the Law of Treaties, Article 31(1).

UNCIO Doc. 933, IV/2/42(2), p 7.

Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United States of America) (Provisional Measures) [1992] ICJ Rep 114; Case Concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v Serbia and Montenegro) (Provisional Measures) [1993] ICJ Rep 325.

Thomas Franck, “The Powers of Appreciation: Who Is the Ultimate Guardian of UN Legality?” (1992) 86 AJIL 519.

José Alvarez, “Judging the Security Council” (1996) 90 AJIL 1, 28.

Alvarez (n 12 ) 4, 30.

Kadi v Council and Commission [2005] ECR II-3649 (Court of First Instance of the European Communities, 21 September 2005); Kadi and Al Barakaat International Foundation v. Council and Commission [2008] ECR I-6351 (European Court of Justice, 3 September 2008); Kadi v. Commission [2-10] ECR II-5177 (European General Court, 30 September 2010); European Commission and Others v. Kadi [2010] (European Court of Justice, 18 July 2013).

For an analysis of the OAU action in terms of the Council’s legitimacy, see Ian Hurd, After Hegemony: Legitimacy and Power in the UN Security Council (Princeton University Press 2007) ch VI.

Reparations for Injuries Suffered in the Service of the United Nations (Advisory Opinion ) [1949] ICJ Rep 174.

Thomas Franck and Georg Nolte, “The Good Offices Function of the UN Secretary-General” in Adam Roberts and Benedict Kingsbury (eds), United Nations, Divided World: The UN’s Roles in International Relations (2nd edn, OUP 1993) 143, 176.

Franck and Nolte (n 17 ) 176. See also Brian Urquhart, Hammarskjold (Knopf 1972).

UNSC Res 827 (25 May 1993) UN Doc S/RES/827; UNSC Res 955 (8 November 1994) UN Doc S/RES/955.

UNSC Res 1373 (28 September 2001) UN Doc S/RES/1373; UNSC Res 1540 (28 April 2004) UN Doc S/RES/1540; UNSC Res 2178 (24 September 2014) UN Doc S/RES/2178.

UNSC Res 687 (3 April 1991) UN Doc S/RES/687.

The 1267 targeted sanctions regime on the Taliban, later expanded to anyone associated with the Taliban and al-Qaeda, is the best known. UNSC Res 1267 (15 October 1999) UN Doc S/RES/1267. See also UNSC Res 2253 (17 December 2015) UN Doc S/RES/2253.

UNSC Res 1973 (17 March 2011) UN Doc S/RES/1973.

Christine Gray, International Law and the Use of Force (3rd edn, OUP 2008).

In the Nicaragua case , the International Court of Justice implied that self-defense can only be exercised against states who commit an “armed attack”—not nonstate actors. Military and Paramilitary Activities in and against Nicaragua (Nicaragua v United States) (Merits) [1986] ICJ Rep 14. The ICJ reiterated that position in Legal Consequences of the Construction of the Wall in Occupied Palestinian Territory (Advisory Opinion) [2004] ICJ General List No 131. It then retreated somewhat in Armed Activities on the Territory of the Congo (Democratic Republic of Congo v Uganda) [2005] ICJ General List No 116.

Evidence that the US position was accepted includes: UNSC Res 1368 (12 September 2001) UN Doc S/RES/1368, preamble; NATO’s invocation of Article 5, Statement of Secretary-General Lord Robertson, 2 October 2001, reprinted in 41 ILM 1267; OAS statement, “Terrorist threat to the Americas,” Resolution adopted at the 24th meeting of the Consultations of Ministers of Foreign Affairs, Washington DC, 21 September 2001, DOC OEA/Ser.F/II.24 RC.24/Res.1/01. Other evidence includes the number of participants in Operation Enduring Freedom.

Rosalyn Higgins, Problems and Process: International Law and How We Use It (Clarendon Press 1994).

See for example Marti Koskenniemi, Gentle Civilizer of Nations: The Rise and Fall of International Law 1870–1960 (CUP 2002); Jean d’Aspremont, Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules (OUP 2011).

Drawing on Habermas’s notion of a common lifeworld, this argument has been made by Ian Johnstone, “Security Council Deliberations: The Power of the Better Argument” (2003) 14 EJIL 437; Corneliu Bjola, “Legitimate Use of Force in International Politics: A Communicative Action Perspective” (2005) 11 European Journal of International Relations 266, 279; Ingo Venzke, “Is Interpretation in International Law a Game?” in Andrea Bianchi, Daniel Peat, and Matthew Windsor (eds), Interpretation in International Law (OUP 2015) 352; Rene Provost, “Interpretation in International Law as a Transcultural Project” in Andrea Bianchi, Daniel Peat, and Matthew Windsor (eds), Interpretation in International Law (OUP 2015) 290.

The seminal work on neoliberal institutionalism is Robert Keohane, After Hegemony: Cooperation and Discord in the World Political Economy (Princeton University Press 1984).

Fredric Kirgis, “Specialized Law-Making Processes,” in Christopher Joyner (ed), The United Nations and International Law (CUP 1997) 65, 68. See also Jose Alvarez, International Organizations as Lawmakers (OUP 2006) 331–36.

The “management model” of compliance posits that noncompliance is often the result of lack of clarity, not a lack of will to comply. See Abram Chayes and Antonia Chayes, The New Sovereignty: Compliance with International Regulatory Agreements (Harvard University Press 1995) 10–13.

Ian Johnstone, “Law-Making through the Operational Activities of International Organizations” (2008) 40 George Washington International LR 87.

On the spectrum of soft to hard law, see Kenneth Abbot, Robert Keohane, Andrew Moravcsik, Anne-Marie Slaughter, and Duncan Snidal, “The Concept of Legalization” in Judith Goldstein et al (eds), Legalization and World Politics (MIT Press 2001) 17–35. For skeptical views on whether “soft law” exists at all, see Prosper Weil, “Towards Relative Normativity in International Law” (1983) 77 AJIL 413; Jan Klabbers, “The Redundancy of Soft Law” (1996) 65 Nordic JIL 167.

Buchanan and Keohane call this a “transnational civil society channel of accountability.” Allan Buchanan and Robert Keohane, “The Legitimacy of Global Governance Institutions” (2006) 20 Ethics and International Affairs 405, 430. See also Ian Johnstone, The Power of Deliberation: International Law, Politics and Organizations (OUP 2011) 209–12.

Anthony Aust (2000). Modern Treaty Law and Practice (Cambridge: Cambridge University Press) p. 112.

Miles Kahler, “Multilateralism with Small and Large Numbers” (1992) 46 International Organization 681–708; Moses Naim, “Minilateralism: The Magic Number to Get Real International Action” Foreign Policy (June 21, 2009).

Stewart Patrick, “The New ‘New Multilateralism’: Minilateral Cooperation but at What Cost?” (2015) 1(2) Global Summitry 115. See also, Richard Haas, ‘The Case for Messy Multilateralism’, Financial Times, January 2, 2010.

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Comparing the United States Bill of Rights and the United Nations

Students will compare and contrast the United States Bill of Rights and the United Nations Universal Declaration of Human Rights.

Recognize important issues related to the struggle to protect human rights historically and in current times

Students will explore reasons for the presence or absence of certain rights and to reflect on the role of government/governing bodies in guaranteeing rights.

I thoroughly enjoyed the presentation on Eleanor Roosevelt and her role at the United Nations conference and the creation of the Declaration on Human Rights.

Amazing story of Eleanor Roosevelt and the committee bringing in human rights views from around the world.

Define what rights we have as humans and determine how those rights could be taken away or suppressed.

Compare and contrast the Universal Declaration of Human Rights to those in the United States Bill of Rights

Select what rights they feel are the most important to them and their lives.

2. Continuity and change in the history of Missouri, the United States and the world

6. Relationships of the individual and groups to institutions and cultural traditions

7. The use of tools of social science inquiry (such as surveys, statistics, maps, documents)

2aD Describe and evaluate the evolution of the United States domestic and foreign policy including the Cold War.

2bG Examine the wars of the 20th century, including: causes, comparisons, consequences, and peace efforts.

3B Compare and contrast governmental systems, current and historical, including those that are democratic and totalitarian.

7B Distinguish between primary and secondary sources.

Classroom notes

Constitution• National Archives - http://www.archives.gov/exhibits/charters/constitution_transcript.html

Bill of Rights• National Archives - http://www.archives.gov/exhibits/charters/bill_of_rights.html

League of Nations Covenant• Yale Law School - http://avalon.law.yale.edu/20th_century/leagcov.asp

United Nations Charter•United Nations website - http://www.un.org/en/documents/charter/

United Nations Declaration on Human Rights• - http://www.supremecourt.ge/files/upload-file/pdf/act3.pdf

The UDHR lists the rights that all people around the world should have.

In the United States, the Constitution and Bill of Rights describe and protect the human rights of all people in this country.

The two documents have a similar purpose and protect some of the same rights, but there are many differences.

Students will use the above links to the primary sources for this lesson.

Students will use the links to access the following primary sources: Link #1 US Constitution, Link #2 US Bill of Rights,

Link #3 League of Nations Covenant, Link #4 United Nations Charter, and Link #5 United Nations Declaration of Human Rights.

(Links #3 and #4 can be used for historical information or not used at all).

They will need to identify which rights are listed in the UDHR and which are listed in the U.S. Constitution.

Students may also feel that some things which should be rights are not listed in either document – these can be added to the fourth column.

Directions: use the primary sources to fill in the table below. Rights found ONLY in the U.S. Constitution should go in column 1,

while rights found ONLY in the Universal Declaration of Human Rights should go in column 2.

Some rights are found in both the Constitution and the UDHR – list these in column 3.

Finally, you may feel there are rights that should be protected but which are not in either document. Write these in column 4.

2. Would you add any rights to the Constitution? Would you add any to the UDHR?

3. Which ones?

4. Are there any rights that you think do not belong in either the Constitution or the UDHR or both? Why?

Academy on Human Rights and Humanitarian Law

The united nations human rights bodies: a view from the experts.

Thursday, June 1, 2023, 12:30 PM - 2:00 PM (EST)

This panel brings together the expertise of mandate holders and other stakeholders that have worked with UN human rights mechanisms in different capacities and from different perspectives. They will provide a their analysis about specific areas of work of the UN human rights machinery, how it has performed, what may be the current assessment of such mechanisms and their impact, and their views on how they may evolve in the current political context.

Moderator: Diego Rodríguez-Pinzón , Co-director and Professorial Lecturer in residence, Academy of Human Rights and Humanitarian Law, American University Washington College of Law, Washington D.C.

Hellen Duffy, Founder, Human Rights in Practice, The Hague, The Netherlands, and Professor of human rights and humanitarian law, Leiden University.

Christina Fetterhoff, Director of Programs, Institute on Race and Equality.

Maria Clara Galvis, Former Vice-chair, Committee on Enforced Disappearances, United Nations.

Fausto Pocar, Professor emeritus, University of Milan, Ad hoc Judge, International Court of Justice, and Former President, International Criminal Tribunal for the former Yugoslavia.

Rochus Pronk, Strategic Advisor to the Netherlands’ Permanent Representation to United Nations in Geneva.

Simultaneous interpretation available (English to Spanish).

Back to all Events

Human Rights Events

Milestone Documents

United Nations Charter (1945)

Citation: First and signature pages of the United Nations Charter; June 26, 1945; General Records of the United States Government, 1778-1992; Record Group 11; National Archives.

View All Pages in the National Archives Catalog

View Transcript

On June 26, 1945, in San Francisco, the United Nations was formally established with the signing of the UN Charter. Article 111 of this charter indicated that "The present Charter, of which the Chinese, French, Russian, English, and Spanish texts are equally authentic, shall remain deposited in the archives of the Government of the United States of America. Duly certified copies thereof shall be transmitted by that Government to the Governments of the other signatory states."

The name United Nations originated with President Franklin Delano Roosevelt in 1941, when he described the countries fighting against the Axis Powers (Germany, Italy and Japan) in World War II. The name was first used officially on January 1, 1942, when 26 states joined in the Declaration by the United Nations, pledging to continue their joint war effort and not to make peace separately.

The United Nations was established after World War II in an attempt to maintain international peace and security and to achieve cooperation among nations on economic, social, and humanitarian problems. Its forerunner was the League of Nations, an organization conceived under similar circumstances following World War I. Established in 1919 under the Treaty of Versailles "to promote international cooperation and to achieve peace and security," the League of Nations ceased its activities after it failed to prevent global war.

The need for an international organization to replace the League of Nations was first stated officially on October 30, 1943, in the Moscow Declaration issued by China, Great Britain, the United States, and the USSR. At the Dumbarton Oaks Conference in 1944, those four countries drafted specific proposals for a charter for the new organization. Later, at the Yalta Conference, in February of 1945, further agreement was reached on the framework and structure of the organization. Later that year, representatives of 50 nations attended the founding conference in San Francisco, where they drafted and later signed the UN charter. The required number of nations ratified the charter on October 24, 1945 (officially United Nations Day).

As outlined in the charter, the two main bodies of the United Nations are the General Assembly, composed of all member nations, and the Security Council. Today, nearly 200 nations are members of the United Nations General Assembly. The UN Security Council consists of the five victors from World War II (known as “The Big Five”) as permanent members—China, France, the United Kingdom, the USSR (now Russia), and the United States—and 10 other countries, elected by the General Assembly, that serve 2-year terms. The Security Council is the principal UN organ responsible for ensuring peace, and its decisions are binding on all member states. The five permanent members were given individual veto power over issues brought before the Council.

Other special agencies like the WHO (World Health Organization), UNICEF (UN International Children's Emergency Fund), UNESCO (UN Educational, Scientific, and Cultural Organization), and the World Bank provide needed help across the world and have improved the lives of millions.

Teach with this document.

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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 practice 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 representatives 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 organization to be known as the United Nations.

CHAPTER I PURPOSES 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 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 international problems of an economic, social, cultural, or humanitarian 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 center for harmonizing the actions of nations in the attainment of these common ends.

Article 2 The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles. 1. The Organization is based on the principle of the sovereign equality of all its Members.

2. All Members, in order to ensure to a of them the rights and benefits resulting from membership, shall fulfil in good faith the obligations assumed 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 territorial 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 Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security.

7. Nothing contained in the present Charter shall authorize 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 II MEMBERSHIP Article 3 The original Members of the United Nations shall be the states which, having participated in the United Nations Conference on International Organization at San Francisco, or having previously signed the Declaration by United Nations of 1 January 1942, sign the present Charter and ratify it in accordance with Article 110.

Article 4 1. Membership in the United Nations is open to a other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.

2. The admission of any such state to membership in the 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 Organization by the General Assembly upon the recommendation of the Security Council.

CHAPTER III ORGANS 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 more 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 to both.

2. The General Assembly may discuss any questions relating to the maintenance of inter- national 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 2, and, except as provided in Article 12, may make recommendations with regard to any such questions to the state or states concerned 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 10.

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 recommendation 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 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:

a. promoting international co-operation in the political field and encouraging the progressive development of international law and its codification;

b. promoting international co-operation in the economic, social, cultural, educational, and health fields, an assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. 2. The further responsibilities, functions and powers of the General with respect to matters mentioned in paragraph ) 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 a violation of the provisions of the present Charter setting forth the Purposes and Principles of the United Nations.

Article 15 1. The General Assembly shall receive and consider annual and special reports from the Security Council; these reports shall 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 Genera Assembly shall consider and approve the budget of the Organization.

2. The expenses of the Organization shall be borne by the Members as apportioned by the General Assembly.

3. The Assembly shall consider and approve any financial and budgetary arrangements with specialize agencies referred to in Article 57 and shall examine the administrative budgets of such specialized agencies with a view to making recommendations to the agencies concerned.

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 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 Organization 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 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 procedure. 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.

CHAPTER V THE SECURITY COUNCIL Composition Article 23 1. The Security Council shall consist of fifteen Members of the United Nations. The Republic of China, France, the Union of Soviet Socialist , the United Kingdom of Great Britain and Northern Ireland, and the United States of America shall be permanent members of the Security Council. The General Assembly shall elect ten 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 maintenance of international peace and security and to the other purposes of the Organization, and also to equitable geographical 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 after the increase of the membership of the Security Council from eleven to fifteen, two of the four additional members shall 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, VII, VIII, and XII.

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

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.

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 procedural matters shall be made by an affirmative vote of nine members.

3. Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine 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 Article 28 1. The Security Council shall be so organized as to be able to function continuously. Each member of the Security Council shall for this purpose be represented at times at the seat of the Organization.

2. The Security Council shall hold 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 places other than the seat of the Organization as in its judgment will best facilitate its work.

Article 29 The Security Council may establish such subsidiary organs as it deems necessary for the performance of its functions.

Article 30 The Security Council shall adopt its own rules of procedure, including the method of selecting its President.

Article 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 are 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 any down such conditions as it deems just for the participation of a state which is not a Member of the United Nations.

CHAPTER VI PACIFIC 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 a, seek a solution by negotiation, enquiry, 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 rise 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 l. 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 advance, for the purposes of the dispute, the obligations of pacific settlement provided in the present Charter.

3. The proceedings 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 general rule be referred by the parties to the International 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 international peace and security, 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 to 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 RESPECT 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 4 and 42, to maintain or restore international peace and security.

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 without 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 communication, 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, undertake to make available to the Security Council, on its 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 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 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 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 assistance of the Military Committee.

Article 46 Plans for the application of armed force shall be made by the Security Council with the assistance of the Military Staff Committee.

Article 47 1. There shall be established a Military Staff Committee to advise and assist the Security Council on questions relating to the Security Council's military requirements for the maintenance of international peace and security, the employment and command of forces placed at its disposal, the regulation of armaments, and possible disarmament.

2. The Military Staff Committee consist of the Chiefs of Staff of the permanent members of the Security Council or their representatives. Any Member of the United Nations not permanently represented on the Committee shall be invited by the Committee to be associated with it when the efficient discharge of the Committee's responsibilities re- quires the participation of that Member its work.

3. The Military Staff Committee be responsible under the Security Council for the strategic direction of any armed forces paced 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 authorization of the security Council and after consultation with appropriate regional agencies, may establish 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 appropriate 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, any other state, whether a Member of the United Nations or not, which finds itself confronted 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 present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defense 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.

Chapter VIII REGIONAL ARRANGEMENTS Article 52 1. Nothing in the present Charter the existence of regional arrangements or agencies for dealing with such matters relating to the maintenance of international peace and security as are appropriate fur regional action, provided that such arrangements 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 referring them to the Security Council.

3. The Security Council shall encourage the development of pacific settlement of local disputes through such regional arrangements 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 the application of Articles 34 and 35.

Article 53 1. The Security Council shall, where appropriate, utilize 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 authorization 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 Organization 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.

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 cooperation with the Organization for the achievement of the purposes set forth in Article 55.

Article 57 1. The various specialized agencies, established by intergovernmental agreement and having wide international responsibilities, 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 specialized agencies.

Article 58 The Organization shall make recommendations for the coordination of the policies and activities of the specialized agencies.

Article 59 The Organization shall, where appropriate, initiate negotiations among the states concerned for the creation of any new specialized agencies required for the accomplishment of the purposes set forth in Article 55.

Article 60 Responsibility for the discharge of the functions of the Organization set forth in this Chapter shall be vested in the General Assembly and, under the authority of the General 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 COUNCIL Composition Article 61 1. The Economic and Social Council shall consist of fifty-four Members of the United Nations elected by the General Assembly.

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

3. At the first election after the increase in the membership of the Economic and Social Council from twenty-seven to fifty-four members, in addition to the members elected in place of the nine members whose term of office expires at the end of that year, twenty-seven additional members shall be elected. Of these twenty-seven additional members, the term of office of nine members so elected shall expire at the end of one year, and of nine other members at the end of two years, in accordance with arrangements 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 respect 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 specialized agencies concerned.

2. It may make recommendations for the purpose of promoting respect for, and observance of, human rights and fundamental 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.

Article 63 1. The Economic and Social Council may enter into agreements 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 specialized 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 specialized agencies. may make arrangements with the Members of the United Nations and with the specialized agencies to obtain reports on the steps taken to give effect to its own recommendations and to recommendations 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 competence in connection with the carrying out of the recommendations of the General Assembly.

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

3. It shall perform such other functions as are specified elsewhere in the present Charter or as may be assigned to it by the General 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.

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 for the performance of its functions.

Article 69 The Economic and Social Council shall invite any Member of the United Nations to participate, without vote, in its deliberations on any matter of particular concern to that Member.

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

Article 71 The Economic and Social Council may make suitable arrangements for consultation with non-governmental organizations which are concerned with matters within its competence. Such arrangements may be made with international organizations and, where appropriate, with national organizations 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 the 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 responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories 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, 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 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 specialized 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-General 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 applies, no less than in respect of their metropolitan areas, must be based on the general principle of good neighborliness, due 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 hereinafter referred to as trust territories.

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 educational advancement of the inhabitants of the trust territories, and their progressive development towards self-government or independence as may be appropriate to the particular circumstances of each territory and its peoples and the freely expressed wishes of the peoples concerned, and as may be provided by the terms of each trusteeship agreement;

c. to encourage respect for human rights and for fundamental freedoms for all without : as to race, sex, language, or religion, and to encourage recognition of the interdependence of the peoples of the world; and

d. to ensure equal treatment in social, economic, and commercial matters for all Members of the United Nations and their , 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 trusteeship 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 trustee- ship 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.

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 mandate 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 respectively be parties.

2. Paragraph 1 of this Article shall not be interpreted as giving grounds for delay or postponement of the negotiation and conclusion 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 exercise the administration of the trust territory. Such authority, hereinafter called the administering authority, may be one or more states or the Organization 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 agreement 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. he basic objectives set forth in Article 76 shall be applicable to the people of each strategic area.

3. The Security Council shall, subject to the provisions of the trusteeship agreements and without prejudice to security considerations, 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 assistance 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 defense and the maintenance of law and order within the trust territory.

Article 85 1. The functions of the United Nations with regard to trusteeship 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.

Functions and Powers Article 87 The General Assembly and, under its authority, the Trusteeship Council, in carrying out their functions, may:

a. consider reports submitted by the administering authority;

b. accept petitions and examine them in consultation with the administering authority;

c. provide for periodic visits to the respective trust territories 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 authority 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 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.

Article 90 1. The Trusteeship Council shall adopt its own rules of procedure, including the method of selecting its President.

2. The Trusteeship Council shall meet as required in accordance with its rules, which shall include provision for the convening 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 specialized agencies in regard to matters with which they are respectively concerned.

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 accordance 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 facto parties to the Statute of the International Court of Justice.

2. A state which is not of the United Nations may become a party to the Statute of the International Court of Justice on to be determined in each case by the General 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 incumbent 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 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. The 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 specialized agencies, which may at any time be so authorized by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.

CHAPTER XV THE SECRETARIAT Article 97 The Secretariat shall comprise a Secretary- General and such staff as the Organization may require. The Secretary-General shall be appointed by the General Assembly upon the recommendation of the Security Council. He shall be the chief administrative officer of the Organization.

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

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 seek or receive instructions from any government or from any other authority externa to the Organization. They shall refrain from any action which might on their position as international officials responsible only to the Organization.

2. Each Member of the United Nations undertakes to respect the exclusively inter- national 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.

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 importance 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 I of this Article may invoke that treaty or agreement 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 Organization 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 Organization 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 Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organization.

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.

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, 30 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 Organization 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 authorized 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 nine 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 in accordance with their respective constitutional processes by two thirds of the Members of the United Nations including the permanent members of the Security Council.

3. If such a conference has not been held before the tenth annual session of the General Assembly following the coming into force of the present Charter, the proposal to call such a conference shall be placed on the agenda of that session of the General Assembly, and the conference shall be held if so decided by a majority vote of the members of the General Assembly and by a vote of any seven members of the Security Council.

CHAPTER XIX RATIFICATION AND SIGNATURE Article 110 1. The present Charter shall be ratified by the signatory states in accordance with their respective constitutional processes.

2. The shall be deposited with the Government of the Unite States of America, which shall notify a the signatory states of each deposit as well as the Secretary-General of the Organization when he has been appointed.

3. The present Charter shall come into force upon the deposit of by the Republic of China, France, the Union of Soviet Socialist, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, and by a majority of the other signatory states. A protocol of the deposited shall thereupon be drawn up by the Government of the United States of America which shall communicate copies thereof to all the signa- tory states.

4. The states signatory to the present Charter which ratify it after it has come into force will become original Members of the United Nations on the date of the deposit of their respective ratifications.

Article 111 The present Charter, of which the Chinese, French, Russian, English, and Spanish texts are equally authentic, shall remain deposited in the archives of the Government of -the United States of America. Duly certified copies thereof shall be transmitted by that Government to the Governments of the other signatory states.

IN FAITH WHEREOF the representatives of the Governments of the United Nations have signed the present Charter.

DONE at the city of San Francisco the twenty-sixth day of June, one thousand nine hundred and forty-five.

Opinion: The issue of human rights is on life support. Here’s how to save it

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I once heard Jimmy Carter say that in a war there are no human rights. With the fighting in Ukraine and in Gaza front and center, that observation seems more profound than ever. Human rights as an issue may be on life support.

There are so few great examples of progress to look to. Maybe just one — Northern Ireland, finally.

In addition to major war zones, human rights are being trampled in so many places that it requires an effort to keep up with the havoc. Old alliances are cracking if not broken. Displaced people clamor for shelter and safety. The number of deaths is enormous, the disruption epic.

Palestinians burn tires and wave the national flag during a protest against Israeli military raid in the West Bank city of Jenin, along the border fence with Israel, in east of Gaza City, Thursday, Jan. 26, 2023. During the raid in the West Bank town of Jenin, Israeli forces killed at least nine Palestinians, including a 60-year-old woman, and wounded several others, Palestinian health officials said, in one of the deadliest days of fighting in years. The Israeli military said it was conducting an operation to arrest militants when a gun battle erupted. (AP Photo/Fatima Shbair)

Opinion: How can the U.S. renew Mideast peace talks? Recognize Palestinian statehood

The Oslo accords failed. As Gaza faces Israel’s bombardment, it’s time to radically reimagine how the two sides can negotiate.

Dec. 14, 2023

The Council on Foreign Relations maintains a conflict tracker — its orange markers dot the globe. Wikipedia maps an even broader set of armed conflicts . Hostile actions are killing folks in Sudan and western New Guinea, Haiti is near collapse, criminal violence pervades Mexico, thousands die in Syria year by year.

Some of the violence is especially barbaric, as at the music festival in Israel on Oct. 7. Hostages are held for long periods of time in Russia, China, Egypt and now Gaza. Nearly a million Palestinians are fleeing any which way, seeking safety from the promised invasion of Rafah.

The consequences are obvious but hard to fathom. The old and the very young die first. Famine follows war; disease follows famine, and young adults and the middle-aged die too. Women are especially vulnerable to sexual violence, with effects that can last for a lifetime. Scores are left homeless.

Decency and sanity demand that we address these catastrophes, however massive and intransigent.

Los Angeles, CA - May 05: LAPD officers in riot gear exit USC after they cleared out a pro-Palestinian protest encampment on Sunday, May 5, 2024 in Los Angeles, CA. (Jason Armond / Los Angeles Times)

Opinion: Today’s protests are tamer than the campus unrest of the 1960s. So why the harsh response?

College presidents in the Vietnam era would have thanked their lucky stars to face the relatively low disruptions caused by student movements in 2024.

May 14, 2024

We can start by reminding ourselves about the goal. Reread the Universal Declaration of Human Rights , adopted by the United Nations in 1948, written under the leadership of Eleanor Roosevelt. It remains a clear call for how the world should treat its people. Or look to Pope Francis’ “ Dignitas Infinita ,” the Catholic Church’s call to, “without fanfare, in concrete daily life, fight and personally pay the price for defending the rights of those who do not count.”

But how? Support those who run toward conflict and danger, who document events, who demand accountability: volunteers and U.N. workers, journalists on the ground and peace negotiators. Groups such as Doctors without Borders, the World Kitchen, the Red Cross/Red Crescent and Amnesty International, where I once worked. (Do your homework; not every group has staying power.)

LOS ANGELES, CA - MAY 18: Richard Santillan, left; Raul Cardoza and Monte Perez speak with members of the Gaza solidarity encampment at California State University, Los Angeles on Saturday, May 18, 2024. In 1969, they were involved in the Chicano students encampment at the same location on campus. (Myung J. Chun / Los Angeles Times)

Column: A meeting of Cal State L.A. student encampments, 55 years apart

Fifty-five years ago, a student encampment stood on the very spot at Cal State L.A. where pro-Palestinian students have set up tents now. Their asks were different, their spirits the same.

May 21, 2024

Find a part of the world you want to help and don’t forget that it might be next door. Talk to people you disagree with. Seek things you can agree on.

Simply put, the world is shaking from violence. It needs to shake from decency. We need to regain our hope and confidence for the future.

Is this foolishness, an impossibility given the metastasizing violence? I think not. Wherever you are, whatever else your responsibilities and commitments, you can vote, meet, organize, listen, donate time and money.

We must get human rights out of intensive care, resurrect our commitment to it. We need it home safe to protect us all.

Jack Healey, a former director of Amnesty International USA, is the founder of the Human Rights Action Center. He is the author of “Create Your Future: Lessons from a Life in Civil and Human Rights.”

Opinion: The world community needs to put two-state facts on the ground and give Palestinians hope

May 22, 2024

DOHA, QATAR -- APRIL 13, 2024: Fatma Nabhan, 5, hops around on one leg as she and her family from Gaza have been relocated to Doha, Qatar, Saturday, April 13, 2024. About 1500 Palestinians from Gaza and some of their caretakers have been relocated into a nondescript housing compound once meant to host World Cup visitors, repurposed into a temporary home for the Gazans. These Palestinians are medical evacuees whose injuries are far too severe for GazaOs collapsing medical system to treat, and who were brought along with some of their relatives to Doha as part of an initiative by QatarOs Emir Sheikh Tamim bin Hamad Al Thani. After an agreement hammered out between Israel, Hamas, Egypt and Qatar, the injured were allowed to leave the Palestinian territory through the southern Gaza city of Rafah and then were transported on more than 20 Qatari military flights. (MARCUS YAM / LOS ANGELES TIMES)

This 5-year-old from Gaza is learning to live with one leg and untold loss

April 24, 2024

FILE - People board a truck as they leave Khartoum, Sudan, on June 19, 2023. Sudan has been torn by war for a year now, torn by fighting between the military and the notorious paramilitary Rapid Support Forces. (AP Photo, File)

After a year of war, Sudan is world’s ‘forgotten crisis.’ Aid groups warn of mass death from hunger

April 14, 2024

World & Nation

Relatives of 26-year-old Noa Argamani, held hostage in Gaza since the October 7 attack by Hamas militants in southern Israel, take part in a protest asking for the release of Israeli hostages in Tel Aviv on November 25, 2023. (Photo by GIL COHEN-MAGEN / AFP) (Photo by GIL COHEN-MAGEN/AFP via Getty Images)

For families of hostages, it’s a race against time as Israel’s war reaches six-month mark

April 7, 2024

JABALIA, GAZA - MARCH 27: Crowd of starving Palestinians, including children, wait to receive food distributed by charity organizations amid Israel's blockade as the situation dramatically deteriorates in Jabalia refugee camp, Gaza on March 27, 2024. (Photo by Mahmoud Issa/Anadolu via Getty Images)

People in Gaza are starving. Why is it so hard to get aid to them?

March 30, 2024

DEIR AL BALAH, GAZA - MARCH 24: Palestinians who were detained during theIsraeli army attacks on Shifa Hospital are brought to the Al-Aqsa Martyrs hospital for treatment after their release in Deir Al Balah, Gaza on March 24, 2024. (Photo by Ashraf Amra/Anadolu via Getty Images)

Editorial: The humanitarian aid Gaza needs most is a cease-fire

March 26, 2024

Palestinians rescue survivors after an Israelikm strike on Shaheen family house in Rafah, Gaza Strip, Saturday, Feb. 24, 2024. (AP Photo/Hatem Ali)

Letters to the Editor

Letters to the Editor: Genocide isn’t just about deaths. Israel is destroying Palestinian life in Gaza

March 10, 2024

RAFAH, GAZA - FEBRUARY 09: Palestinians children wait in line to receive food prepared by volunteers for Palestinian families ,displaced to Southern Gaza due to Israeli attacks, between rubbles of destroyed buildings in Rafah, Gaza on February 09, 2024. In the Gaza, where Israeli attacks persist, Palestinians are grappling with food shortages. The city of Rafah, which has become a refuge for tens of thousands displaced due to the Israeli attacks, is facing increasing challenges in sourcing food. (Photo by Abed Rahim Khatib/Anadolu via Getty Images)

Opinion: I’m an American doctor who went to Gaza. What I saw wasn’t war — it was annihilation

Feb. 16, 2024

FILE - View of the Peace Palace which houses World Court in The Hague, Netherlands, on Sept. 19, 2023. Israel is sending top legal minds, including a Holocaust survivor, to The Hague this week to counter allegations that it is committing genocide against Palestinians in Gaza. (AP Photo/Peter Dejong, File)

Letters to the Editor: Why the World Court’s Gaza war ruling wasn’t a major blow to Israel

Jan. 31, 2024

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An illustration of Hansa Mehta sitting on a wooden chair by a window with her legs crossed. She is wearing a pink sari over a white blouse. Her head is partly covered, and a bindi appears between her eyebrows.

Overlooked No More: Hansa Mehta, Who Fought for Women’s Equality in India and Beyond

For Mehta, women’s rights were human rights, and in all her endeavors she took women’s participation in public and political realms to new heights.

A postcard depicting Hansa Mehta. Her work included helping to draft India’s first constitution as a newly independent nation. Credit... via Mehta family

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By Radha Vatsal

While researching this article, Radha Vatsal discovered that she and Hansa Mehta both descended from the 19th-century novelist Nandshankar Mehta.

May 31, 2024

This article is part of Overlooked , a series of obituaries about remarkable people whose deaths, beginning in 1851, went unreported in The Times.

Human rights has long been considered a Western concept, but recent scholarship has been uncovering the influence of women from the global south. Women like Hansa Mehta.

Mehta stood up against the British government during India’s struggle for independence. She campaigned for women’s social and political equality and their right to an education. And she fought for her ideals during the framing of the constitution for a newly independent India.

A black and white photo of Mehta wearing a head covering and a jacket while smiling and standing next to a seated Eleanor Roosevelt, who is wearing a blouse and jacket and sitting in front of a desk covered with papers while smiling at Mehta.

For Mehta, women’s rights were human rights. This conviction was best exemplified at a 1947 meeting of the United Nations Commission on Human Rights, to which she had been appointed as one of just two women delegates, alongside Eleanor Roosevelt. Mehta boldly objected to the wording of Article 1 of the Universal Declaration of Human Rights, which the commission was tasked with framing.

It read: “All men are born free and equal in dignity and rights, they are endowed by nature with reason and conscience, and should act towards one another like brothers.”

Mehta pointed out that the phrase “all men” was out of date and could be interpreted to exclude women.

Roosevelt countered that the use of the word “men” was “generally accepted to include all human beings,” according to minutes of the meeting. But Mehta — a soft-spoken, slight woman who dressed in traditional saris — held her ground, insisting that the language should be changed to “human beings.”

The declaration was adopted with her suggestion the next year, and it has been used as the foundation for treaties around the world.

Two years earlier, Mehta was one of three women who drafted the Indian Women’s Charter of Rights and Duties, which affirmed that women have equal rights to education, suffrage, pay and distribution of property, as well as the same rights as men in marriage and divorce. When the panel that became the U.N. Commission on the Status of Women in 1946 was forming its guiding principles, it turned to her ideas.

In her work for the U.N., as in all her endeavors, Mehta took women’s participation in public and political realms to new heights.

Hansa Mehta was born on July 3, 1897, in Surat (now in the northwestern state of Gujarat), to Harshadagauri and Manubhai Mehta. Her father, Manubhai, was a philosophy professor at Baroda College (now Maharaja Sayajirao University of Baroda ); he later became the prime minister of the state of Baroda.

Hansa’s paternal grandfather, Nandshankar Mehta, was headmaster of an English-language school, a civil servant and the author of the historical novel “Karan Ghelo”(1866), about the 13th-century ruler of Gujarat whose foolishness resulted in the loss of his kingdom. It is considered the first novel written in the Gujarati language.

“I was fortunate enough to be born in a family which had liberal ideas on all questions of life,” Mehta said in 1972 in an oral history at the Nehru Memorial Museum and Library in New Delhi.

At a time when she estimated that only 2 percent of Indian women were literate, Mehta attended a high school for girls that had been set up by Baroda’s progressive ruler. She read widely, including novels by Sir Walter Scott and James Fenimore Cooper. She was one of a handful of young women to receive a bachelor’s degree, hers in philosophy, from Baroda College.

Mehta continued her education in England, where she met the poet and political activist Sarojini Naidu . Naidu took her under her wing and brought her to the International Woman Suffrage Alliance conference in Geneva in 1920.

Naidu “made me do things I otherwise would not have dreamt of doing,” like speaking in public, Mehta wrote in “Indian Woman,” a 1981 collection of her essays.

In 1923, she traveled alone to the United States, a rare undertaking for women at the time, and visited colleges and universities to learn about American women’s education.

She met Mohandas K. Gandhi when he was in jail in India in the 1920s, and in 1930 she responded to his call for women to join the freedom movement. She picketed stores that sold English rather than Indian-made cloth and helped lead protests, landing in jail three times.

As a founder of the All India Women’s Conference, and later its president, Mehta tied the political struggle for India’s independence with the fight to improve the condition of her countrywomen. “If we wish to build up a democratic state, it will not pay the state to keep half the number of its citizens uneducated,” she wrote in “Indian Woman .” But she opposed special quotas; she wanted to level the playing field between men and women.

Mehta was appointed to the Commission on the Status of Women in 1946 and to the Commission on Human Rights in 1947 — the same year that India gained its independence — and served until 1952. In 1946, she was one of about 15 women to join India’s Constituent Assembly, which met to write a constitution for the new nation.

As an assembly member she lobbied for a civil code that would eventually supersede religious laws and ensure gender equality, and she strengthened the language on what are known as “directive principles” — guidelines that are unenforceable by the courts but nonetheless crucial in governing a multiethnic and multireligious secular democracy.

In 1924, Mehta married Jivraj Mehta (a common surname in India), the chief medical officer in Baroda. The marriage was regarded as controversial because he was of a lower caste. She said in her oral history that her own community wanted to expel her from her caste, “but then I told them I was going out of the caste myself, as I did not believe in caste.”

She and her husband had two children. He became the first chief minister of Gujarat in 1960 and, in 1963, the Indian high commissioner to the United Kingdom, a post equivalent to an ambassadorship.

Mehta was vice chancellor of the Shreemati Nathibai Damodar Thackersey Women’s University (commonly known as S.N.D.T.) from 1946 to 1948 and vice chancellor of the University of Baroda from 1949 to 1958. At Baroda, she was the first woman to hold that title at an Indian coed university. The library there is named after her. In 2021, the U.N. held the inaugural Dr. Hansa Mehta Dialogue , a discussion on the fundamental importance of women’s empowerment.

Throughout her life, Mehta wrote essays and translated stories and plays into Gujarati. She died at 98 on April 4, 1995.

In the oral history, when she was asked why India, although it was largely conservative in its attitude toward women, had more women in the public and political sphere than many Western nations, Mehta spoke of Shakti, the female personification of divine power. “Historical reasons,” she replied, “because from the beginning we have always considered woman as a competent person. ‘Shakti’ — she is always worshiped as ‘Shakti.’”

Radha Vatsal’s historical novel “No. 10 Doyers Street,” about a woman journalist from India who becomes embroiled in the case of a Chinatown gangster in 1900s New York, will be published in March 2025.

Overlooked No More

Since 1851, white men have made up a vast majority of new york times obituaries. now, we’re adding the stories of other remarkable people..

Lizzie Magie: Magie’s creation, The Landlord’s Game, inspired the spinoff we know today: Monopoly. But credit for the idea long went to someone else .

Henrietta Leavitt: The portrait that emerged from her discovery , called Leavitt’s Law, showed that the universe was hundreds of times bigger than astronomers had imagined.

Miriam Solovieff: She led a successful career as a violinist despite coping with a horrific event: witnessing the killing of her mother and sister at the hands of her father at 18.

Beatrix Potter: She created one of the world’s best-known characters for children and fought to have the book published, but she never sought celebrity status .

Cordell Jackson: A pioneering record-label owner and engineer, she played guitar in a raw and unapologetically abrasive way .

Ethel Lindgren: The anthropologist is best remembered for importing reindeer to the Scottish Highlands, centuries after they were hunted to extinction.

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Human Rights and the United Nations Charter
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Human Rights and the United Nations Charter Essay
Human Rights and the United Nations Charter Essay. The demand for protecting human rights is a significant sign of social institutions improvements. Indian legislation established in the sixteenth century is an excellent example of the early attempts to protect human rights. The laws of the modern society include similar statements, yet have ...
The Universal Declaration of Human Rights Essay
The Universal Declaration of Human Rights should be analyzed within the context of the political, cultural, and religious situation, emerging in the middle of the twentieth century. As it is widely known, this act was adopted in 1948. According to this document, every person (or it would be better to say human beings) must be entitled to ...
2 Human Rights and the Charter of the United Nations
Human rights are mentioned as early as in the Preamble of the UN Charter of the United Nations, emphasizing that the UN Organization seeks "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 promote social progress and ...
Universal Declaration of Human Rights
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and ...
United Nations Charter (full text)
Article 7. There are established as principal organs of the United Nations: a General Assembly, a Security Council, an Economic and Social Council, a Trusteeship Council, an International Court of ...
Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings.Drafted by a UN committee chaired by Eleanor Roosevelt, it was accepted by the General Assembly as Resolution 217 during its third session on 10 December 1948 at the Palais de Chaillot in Paris, France.
Introductory essay: the drafting and significance of the Universal
Canadian legal academic John Peters Humphrey (1905-95) served as Director of the United Nations Division of Human Rights from 1946 to 1968. On several occasions, Humphrey wrote about the drafting of the Universal Declaration of Human Rights and its legal significance, most notably in his memoir: Human Rights and the United Nations: A Great Adventure, Dobbs Ferry, NY: Transnational Publishers ...
30 articles on the 30 Articles of the Universal Declaration of Human Rights
It has been more than 70 years since world leaders, driven by the desire to prevent another Holocaust, explicitly spelled out the rights everyone on the planet could expect and demand simply because they are human beings. In November 2018, the UN Human Rights Office launched a special series to commemorate the 70th anniversary of the UDHR, which was adopted in Paris on 10 December 1948.
UN Human Rights Documentation
The Universal Declaration of Human Rights is one of the first UN documents to elaborate the principles of human rights mentioned in the UN Charter. It was adopted by General Assembly resolution 217 A (III) on 10 December 1948, by a vote of 48-0-8.. Resolution symbol: A/RES/217 A (III) Meeting record: A/PV.183 Voting summary: 48-0-8 Human Rights Day is celebrated on 10 December every year.
Universal Declaration of Human Rights
Contact the UDHR Team. Universal Declaration of Human Rights (UDHR) and this section of OHCHR's website, please contact: ( [email protected]) or write to: Methodology, Education and Training Unit. Office of the High Commissioner for Human Rights (OHCHR) Palais des Nations. 1211 Geneva 10. Switzerland.
Essay on Human Rights: Samples in 500 and 1500
Essay on Human Rights - Here are 4 sample essays covering the topic of human rights. Check out the 200, 500 and 1500 word essays here. ... Essay writing is an integral part of the school curriculum and various academic and competitive exams like IELTS, ... It contradicts the letter and spirit of the United Nations Charter. That is why over the ...
The United Nations Charter system (Chapter 4)
The UN Charter was not designed to address human rights, at least directly, but was instead a mechanism primarily intended to maintain and secure international peace and security. None the less, some scant references to human rights are visible therein, but as will be discussed in this chapter these were not originally meant to confer strict ...
Introductory essay: The United Nations and human rights
In the following three essays, Professors LeBlanc, Forsythe, and Mills capture the. historical sweep of UN efforts to promote and codify human rights as essential norms of. international life ...
Human Rights
The foundations of this body of law are the Charter of the United Nations and the Universal Declaration of Human Rights, adopted by the General Assembly in 1945 and 1948, respectively. Since then ...
Franklin and Eleanor Roosevelt: Human Rights and the Creation of the
To see how the concept of human rights was incorporated into the New Deal and the United Nations, students will examine speeches and essays written by FDR and Eleanor Roosevelt as well as political documents such as the Atlantic Charter and the Universal Declaration of Human Rights (UDHR).
The UN Charter and Its Evolution
Abstract. This chapter conceives of the United Nations Charter as a "relational contract," placing it somewhere between an ordinary treaty and global constitution. It is a legal instrument that structures a long-term relationship among UN member states and as such provides the normative and procedural foundation for much multilateral treaty ...
PDF The United Nations Human Rights Treaty System
A. Universal Declaration of Human Rights (1948) The Charter of the United Nations of 1945 proclaims that one of the purposes of the United Nations is to promote and encourage respect for human rights and fundamental freedoms for all. With the energetic sup-port of Eleanor Roosevelt, alongside figures such as René Cassin, Charles
Comparing the United States Bill of Rights and the United Nations
Description. Students will compare and contrast the United States Bill of Rights and the United Nations Universal Declaration of Human Rights. Recognize important issues related to the struggle to protect human rights historically and in current times. Students will explore reasons for the presence or absence of certain rights and to reflect on ...
An Essay on United Nations Organisation
An Essay on United Nations Organisation: The United Nations (UN) is an intergovernmental organization established on 24 October 1945, to promote international co-operation. During the Second World War, the need for an agency that could act as a successor to the League of Nations was felt and so, the United Nations Charter was drafted at a conference in April-June 1945.
PDF Universal Declaration of Human Rights
nations, Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,
The United Nations Human Rights Bodies: a view from the experts
Hellen Duffy, Founder, Human Rights in Practice, The Hague, The Netherlands, and Professor of human rights and humanitarian law, Leiden University. Christina Fetterhoff, Director of Programs, Institute on Race and Equality. Maria Clara Galvis, Former Vice-chair, Committee on Enforced Disappearances, United Nations.
International Human Rights Law: A Short History
Through this bill of rights, "human rights law" is created, becoming integral to the legal system and superior to ordinary law and executive action. In this article, some aspects of the history of ...
United Nations Charter (1945)
View Transcript. On June 26, 1945, in San Francisco, the United Nations was formally established with the signing of the UN Charter. Article 111 of this charter indicated that "The present Charter, of which the Chinese, French, Russian, English, and Spanish texts are equally authentic, shall remain deposited in the archives of the Government of ...
Opinion: The issue of human rights is on life support. Here's how to
Reread the Universal Declaration of Human Rights, adopted by the United Nations in 1948, written under the leadership of Eleanor Roosevelt. It remains a clear call for how the world should treat ...
PDF Human Rights, Terrorism and Counter-terrorism
The full spectrum of human rights involves respect for, and protection and fulfilment of, civil, cultural, economic, political and social rights, as well as the right to development. Human rights are uni- versal—in other words, they belong inherently to all human beings—and are interdependent and indivisible.1. 2.
Overlooked No More: Hansa Mehta, Who Fought for Women's Equality in
For Mehta, women's rights were human rights. This conviction was best exemplified at a 1947 meeting of the United Nations Commission on Human Rights, to which she had been appointed as one of ...
UN Charter
The Charter of the United Nations was signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organization, and came into force on 24 October ...