Charter of the United Nations

Charter of the United Nations
Name	Charter of the United Nations
Caption	First page of the preamble and Chapter I
Type	Founding treaty
Date drafted	14 August 1941 – 26 June 1945
Date signed	26 June 1945
Location signed	San Francisco, California, United States
Date effective	24 October 1945
Condition effective	Ratification by China, France, the Soviet Union, the United Kingdom, the United States and by a majority of the other signatory states.
Signatories	50
Parties	193
Depositor	United States
Languages	Arabic, Chinese, English, French, Russian, Spanish
Wikisource	Charter of the United Nations

Charter of the United Nations is the foundational treaty of the United Nations, an international organization established in the aftermath of World War II. It was signed on 26 June 1945 in San Francisco and came into force on 24 October 1945, a date now celebrated annually as United Nations Day. The document serves as a constitutive instrument, outlining the organization's purposes, principles, and institutional framework, and is considered a cornerstone of modern international law.

Background and drafting

The impetus for a new international organization arose from the failures of the League of Nations to prevent the outbreak of World War II. Early conceptions were articulated in the Atlantic Charter, a joint declaration by Franklin D. Roosevelt and Winston Churchill in 1941. The term "United Nations" was first officially used in the Declaration by United Nations of 1 January 1942, when 26 nations pledged to continue the fight against the Axis powers. Major power negotiations at the Dumbarton Oaks Conference in 1944 produced initial proposals, which were further refined by China. The final text was negotiated by delegates from 50 countries at the United Nations Conference on International Organization in San Francisco from April to June 1945, with significant influence from the Big Four powers.

Structure and content

The document consists of a preamble and 111 articles grouped into 19 chapters. Key chapters establish the organization's purposes and principles, define membership criteria, and delineate the functions and powers of its six principal organs. It contains provisions on the pacific settlement of disputes under Chapter VI and enforcement actions under Chapter VII, which can authorize sanctions or military force. Other chapters address international economic and social cooperation, the administration of trust territories, and the statute of the International Court of Justice, which is an integral part of the treaty.

Purposes and principles

Its primary purposes are to maintain international peace and security, develop friendly relations among nations based on respect for the principle of equal rights and self-determination, achieve international cooperation in solving problems of an economic, social, cultural, or humanitarian character, and be a center for harmonizing the actions of nations. Core principles include the sovereign equality of all its members, the obligation to settle disputes by peaceful means, the refrain from the threat or use of force against the territorial integrity or political independence of any state, and non-interference in matters essentially within the domestic jurisdiction of any state, as outlined in Article 2.

Principal organs

It establishes six main organs to carry out its functions. The Security Council has primary responsibility for maintaining peace and security and can make binding decisions on all member states. The General Assembly serves as the main deliberative and policy-making body where all members have equal representation. The Secretariat, headed by the Secretary-General, provides administrative support. The International Court of Justice is the principal judicial organ. The Economic and Social Council coordinates work on economic and social fields, while the Trusteeship Council was established to supervise trust territories, a system now largely inactive.

Amendments and review

The amendment process is detailed in Chapter XVIII. Amendments require a two-thirds vote in the General Assembly and ratification by two-thirds of the member states, including all five permanent members of the Security Council. Notable amendments have expanded the Security Council and Economic and Social Council to reflect increased UN membership. Article 109 provides for a general review conference, though none has ever been convened. The difficulty of amending the text, particularly due to the P5 veto requirement, has led to interpretations evolving through practice and custom.

Role in international law

As a multilateral treaty, it holds a unique position in the international legal order. According to Article 103, obligations under it prevail over obligations under any other international agreement in the event of a conflict. Its principles, especially those prohibiting the use of force, are considered part of peremptory norms. The International Court of Justice frequently references it in its rulings, such as in the ''Nicaragua'' case. It provides the legal basis for a wide range of international actions, from peacekeeping missions to the work of specialized agencies like the World Health Organization and the International Monetary Fund.

Category:United Nations Category:Treaties concluded in 1945 Category:Treaties entered into force in 1945 Category:San Francisco