UN Charter

UN Charter
Name	UN Charter
Long name	Charter of the United Nations
Caption	First edition of the UN Charter, 1945
Type	Founding treaty, Constitution
Date drafted	1944–1945
Date signed	26 June 1945
Location signed	San Francisco, United States
Date effective	24 October 1945
Condition effective	Ratification by China, France, Soviet Union, United Kingdom, United States, and a majority of the other signatory states.
Signatories	50
Parties	193 member states
Depositor	United States
Language	Arabic, Chinese, English, French, Russian, Spanish
Wikisource	Charter of the United Nations

UN Charter. The foundational treaty of the United Nations, it was signed in 1945 and established the organization's core structure, purposes, and governing principles. Serving as a constitution for the international community, it outlines the rights and obligations of member states and the powers of its principal organs, including the Security Council and the International Court of Justice. Its entry into force marked a pivotal moment in modern international law, aiming to prevent future conflicts like World War II and promote global cooperation.

Background and drafting

The impetus for a new international organization arose from the failures of the League of Nations and the devastation of World War II. Early planning occurred during the war, notably in declarations like the Atlantic Charter issued by Franklin D. Roosevelt and Winston Churchill. Key Allied powers, including the Soviet Union and the Republic of China, further developed these ideas at the Moscow Conference and the Tehran Conference. The foundational framework was largely negotiated by delegates from the United States, the United Kingdom, the Soviet Union, and China during the Dumbarton Oaks Conference in 1944, which produced concrete proposals. The final text was debated and finalized by fifty nations at the United Nations Conference on International Organization in San Francisco, culminating in its signing on 26 June 1945. Key figures in its creation included Harry S. Truman, Anthony Eden, and Vyacheslav Molotov.

Structure and content

The document consists of a preamble and 111 articles grouped into nineteen chapters. It establishes the six principal organs of the United Nations: the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, the International Court of Justice, and the Secretariat. Key chapters detail the composition, functions, and voting procedures of these bodies, with particular emphasis on the permanent members and veto power within the Security Council. Other chapters cover arrangements for international peace and security, international economic and social cooperation, and the status of territories. The final clauses address ratification, amendments, and the treaty's authentic texts in multiple languages.

Principles and purposes

The primary purposes, outlined in Article 1, are to maintain international peace and security, develop friendly relations among nations based on sovereign equality, achieve international cooperation in solving economic, social, cultural, or humanitarian problems, and be a centre for harmonizing national actions. Core principles articulated in Article 2 include the sovereign equality of all members, the obligation to settle international disputes by peaceful means, the prohibition of the threat or use of force against the territorial integrity or political independence of any state, and the requirement to give assistance to actions taken by the United Nations while refraining from assisting any state against which the United Nations is taking preventive or enforcement action. It also enshrines the principle of non-intervention in matters essentially within the domestic jurisdiction of any state.

Amendments and review

The amendment process is detailed in Chapter XVIII. Amendments to most articles require a two-thirds vote in the General Assembly and ratification by two-thirds of the member states, including all the permanent members of the Security Council. A general conference to review the charter can be held if voted for by a two-thirds majority of the General Assembly and any nine members of the Security Council; however, no such review conference has ever been convened. Notable amendments have expanded the Security Council and the Economic and Social Council to reflect the growth in United Nations membership since decolonization.

Interpretation and legal status

As a multilateral treaty, it is subject to the general rules of treaty interpretation as reflected in the Vienna Convention on the Law of Treaties. The International Court of Justice, as the principal judicial organ of the United Nations, provides authoritative interpretations through its advisory opinions and contentious case judgments, such as in the Reparations for Injuries Suffered in the Service of the United Nations case. The Security Council and the General Assembly also interpret its provisions through their resolutions and practice. It holds a unique status as a constitutional instrument for the international community, taking precedence over other international agreements for member states under its Article 103, which states that obligations under the charter prevail in the event of a conflict with obligations under any other international agreement.

Role in international law

It is considered a cornerstone of the modern international legal order. Its prohibition on the use of force, except in cases of self-defence or under Security Council authorization, is widely accepted as a peremptory norm of international law (jus cogens). The charter's framework has enabled the development of a vast body of international law, including treaties on human rights like the Universal Declaration of Human Rights, international humanitarian law, and law of the sea. It provides the legal basis for numerous United Nations operations, including peacekeeping missions, international tribunals like the International Criminal Court, and specialized agencies such as 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:Constitutions Category:San Francisco