Chapters XI, XII, XIII, XIV and XV

CHAPTER XI: DECLARATION ON 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 above all accept as a sacred obligation to promote to the utmost, within the system of international peace and security established by this Charter, the welfare of the inhabitants of these territories, and to this end:

1. to ensure, with due respect for the culture of the peoples concerned, their political, economic, social and educational, just treatment of indigenous peoples and their protection against abuses;
2. to develop self-government, to take due account the political aspirations of peoples, and to assist 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 ;
3. to promote peace and security;
4. to promote constructive measures of development, to encourage research and cooperate with each other and, when and where the case, with specialized international organizations for the practical achievement of the purposes of social, economic and scientific forth in this Article; and
5. to transmit regularly to the Secretary-General for information and within that security and constitutional considerations may require, statistical and other technical nature relating to economic, social and educational conditions in the territories for which are respectively responsible other than the territories referred to Chapters XII and XIII apply.

Article 74

Members of the United Nations also agree that their policy regarding 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 interests and welfare of the rest of the world on issues of social, economic and commercial.

 

CHAPTER XII: INTERNATIONAL REGIME OF TRUST

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 under 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 Charter, are:

1. promote peace and security;
2. promote the political, economic, social and educational advancement of the inhabitants of the trust territories, and their progressive development towards self-government or independence, taking into account the particular circumstances of each territory and its peoples and the freely expressed wishes of the peoples concerned, and as may be provided in each trusteeship agreement;
3. promote respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion, and the recognition of the interdependence of the peoples of the world and
4. ensure equal treatment for all United Nations Member States and their nationals in matters of social, economic and commercial as well as 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 the territories in the following categories to be placed thereunder by means of agreements:

          a. territories now held under mandate;
          b. territories voluntarily placed under the system by states responsiblefor their administration.
          c. territories voluntarily placed under the system by states responsiblefor their administration.

2. It is subject to subsequent agreement as to which territories in the foregoing categories will be placed under the trusteeship system and under what conditions.

Article 78

The trusteeship system shall not apply to territories which have acquired as 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, and any alteration or amendment must be agreed by the States directly concerned, including the mandatory power in the case of territories held under mandate by a Member Nations United, and will be approved as provided in Articles 83 and 85.

Article 80

1. Except what is agreed in the trusteeship of special agreements concluded under Articles 77, 79 and 81 and by which each territory is placed under the trusteeship system, and pending coIlcierten such agreements, nothing in this Chapter shall be construed as modifying in any manner the rights of any states or any peoples or the terms of existing international instruments to which they are parties Members of the United Nations.
2. Paragraph 1 of this Article shall not be interpreted as giving grounds for delay or postponement of the negotiation and conclusion of agreements to implement the system of trusteeship territories and other territories under mandate under.

Article 81

The trusteeship agreement shall in each case the conditions under which the trust territory will be administered and designate the authority which will exercise the administration. 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 agreements concluded 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 thereof, shall be exercised by the Security Council.
2. The basic objectives set forth in Article 76 shall be applicable to the people of each strategic area.
3. Subject to the provisions of the trusteeship agreements and without prejudice to the requirements of security, the Security Council will take the assistance of the Trusteeship Council to perform in strategic areas, those functions of the Organization on matters political, economic , social and educational corresponding to the trusteeship system.

Article 84

The administering authority has a duty to ensure that the trust territory to maintain peace and security. To this end the administering authority may make use of volunteer forces, the facilities and assistance from the territory, in order to fulfill the obligations undertaken in this regard before the Security Council as well as for the defense local and the maintenance of law and order within the trust territory.

Article 85

1. The functions of the Organization in regard to trusteeship agreements relating to all areas not designated as strategic, including the approval of the terms of the agreements and the alteration or amendment shall be exercised by the General Assembly.
2. The Trusteeship Council, under the authority of the General Assembly, will assist it in carrying out these functions.

CHAPTER XIII: THE COUNCIL OF TRUST ADMINlSTRAClÓN

COMPOSITION

Article 86

• The Trusteeship Council shall consist of the following Members of the United Nations:
  
  a. Members administering trust territories;
  
  
  b. Members mentioned by name in Article 23 are not administering trust territories and;
  c. many other Members elected for three years by the General Assembly as necessary to ensure that the total number of members of the Trusteeship Council is equally divided among the Members of the United Nations administrators of these territories and not administrators.
• 2. Each member of the Trusteeship Council shall designate one specially qualified person to represent you at Council.

FUNCTIONS & POWERS

Article 87

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 report to this annual report the 1st base of the questionnaire.

VOTE

Article 89

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

PROCEDURE

Article 90

1. The Trusteeship Council shall adopt its own rules, which will determine the method of selecting its President.
2. The Trusteeship Council shall meet when necessary, under its rules. This will contain provisions on the convening of meetings at the request of the majority of its members.

Article 91

The Trusteeship Council, when appropriate, avail itself of the assistance of the ECOSOC and the specialized agencies regarding matters within the respective jurisdiction thereof.

 

CHAPTER XIV: THE INTERNATIONAL COURT OF JUSTICE

Article 92

The ICJ is the principal judicial organ of the United Nations; operate in accordance with the annexed Statute, which is based on the Permanent Court of International Justice and forms an integral part of this Charter.

Article 93

1. All Members of the United Nations are ipso facto parties to the Statute of the International Court of Justice.
2. A State not a Member of the United Nations may become party to the Statute of the International Court of Justice in accordance with conditions determined in each case the General Assembly upon 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 party.
2. If a party to a case fails to meet the obligations imposed upon a ruling of 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 to be carried into Execution the ruling.

Article 95

Nothing in this Charter shall prevent Members of the United Nations from entrusting the solution of their differences to other tribunals by virtue of existing agreements or to 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 matter.
2. The other United Nations bodies and specialized agencies at any time be so authorized by the General Assembly may also request the Court for advisory opinions on legal questions arising within the scope of their activities.

CHAPTER XV: THE SECRETARIAT

Artículo 97

The Secretariat shall comprise a Secretary General and the staff required by the Organization. The Secretary General shall be appointed by the General Assembly upon 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, Security Council, Economic and Social Council and Trusteeship Council and shall perform such other functions entrusted to these bodies. The Secretary General will report to the General Assembly an annual report on the activities 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] a peace and security.

Article 100

1. In discharging their duties the Secretary-General and the Secretariat staff shall not seek or receive instructions from any government or any authority outside the Organization, and shall refrain from any action incompatible with their status as international civil servants responsible only to the Organization.
2. Each of the Members of the United Nations undertakes to respect the exclusively international character of the functions of the Secretary General and the Secretariat staff and not to seek to influence them in discharging their duties.

Article 101

1. The staff of the Secretariat shall be appointed by the Secretary-General under regulations established by the General Assembly.
2. Appropriate personnel are permanently assigned to the Economic and Social Council, Trusteeship Council and, as necessary, other United Nations bodies. These staffs shall form part of the Secretariat.
3. The paramount consideration shall take account of the staff of the Secretariat and to determine conditions of service, is the need to ensure the highest standards of efficiency, competence and integrity. Will be given due consideration to the importance of recruiting the staff on as it has the broadest geographical representation possible.

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