Lot 60–D 224, Box 52: ISO 83

Tentative Chinese Proposals for a General International Organization 9

Essential Points in the Charter of an International Organization

i. general principles

1)
The International Organization shall be universal in character, to include eventually all states.
2)
The principle of equality of all states and all races shall be upheld.
3)
The International Organization shall preserve and maintain peace, on the basis of international law and justice.
4)
The use of force as an instrument of national policy shall be absolutely prohibited. Any dispute between states, irrespective of its nature or origin, shall be settled only by pacific means.
5)
The member states shall promote economic cooperation, with a view to securing social stability and economic development of all nations.
6)
The member states shall strive to advance social welfare, raise the standard of living of their people, promote cultural collaboration among nations, and effect a solution of population and demographic problems.

ii. membership of the international organization

1)
All states, not original members of the International Organization, may be admitted into the International Organization upon resolution of the Assembly. However, the Axis states shall not be admitted until it has been proved that they are fully prepared to cooperate with other nations in the furtherance of peace and democracy.
2)
All member states shall respect and maintain the territorial integrity and political independence of each other against external aggression.
3)
A member state may withdraw from the International Organization upon the expiration of two years after the notification of withdrawal. But the withdrawal will not be effective until such member state has fulfilled all her obligations under the Charter, including such obligations as may arise from the settlement of a pending dispute.

iii. structure

1)
The International Organization shall consist of an Assembly and an Executive Council, an International Court of Justice, and a Secretariat.
2)
Under the Executive Council, there shall be established a Military Commission, an Economic Commission, a Commission on Territorial Trusteeship, an International Law Codification Commission, an International Labor Office, a Social Welfare Office, a Cultural Relations Office, and such other organs as the Council may deem necessary.

iv. assembly

1)
The Assembly shall consist of the representatives of member states. Each member state may send three representatives.
2)
The Assembly shall meet at least once a year, and at any time, in case of emergency.
3)
The Assembly shall have power to deal with all matters within the competence of the International Organization or any matter relating to international peace.
4)
Each member state shall have one vote in the Assembly.
[Page 720]

v. executive council

1)
The Executive Council shall consist of the four nations of the Moscow Declaration as permanent members, and a certain number of non-permanent members, not exceeding seven members, to be elected by the Assembly on the basis of geographic representation. In the election of non-permanent members, the principle of rotation shall be observed; and provision shall be made to avoid a complete change of membership at any one time.
2)
The Council shall meet at least four times a year and may be convened at any time, in case of emergency. States members of the Council shall appoint representatives to be stationed permanently at the seat of the International Organization. When the Assembly is not in session, the Executive Council shall be the supreme organ of the International Organization, with powers to deal with all matters within the competence of the International Organization or relating to international peace.
3)
States who are members of the Council shall each send one representative and shall each have one vote.
4)
Where matters before the Council involve a member state not represented at the Council, such member state shall be requested to send a representative.

vi. method of voting

1)
Decisions regarding the application of sanctions and other important matters concerning the maintenance of peace shall be made by a two-thirds majority of the members present at the meeting, including the concurrent votes of all the permanent member states of the Council.
2)
Decisions in all other matters shall be by simple majority of the members present at the meeting; and in certain matters, such as elections, by secret ballot.
3)
A party to a dispute, whether or not a permanent member of the Council, shall have no right to vote in any decision relating to the dispute.
4)
A member abstaining from voting or casting a negative vote shall be bound by the decision of the majority.

vii. Secretariat

1)
The Secretariat shall consist of a Secretary-General, six Deputy Secretaries-General, and a certain number of Secretaries, technical experts, and other functionaries. The Secretary-General shall be selected from amongst the nationals of member states other than the permanent members of the Council, and appointed by the Council with the approval of the majority of the Assembly.
2)
The Deputy Secretaries-General shall be appointed by the Council, with the approval of the majority of the Assembly—four from amongst the nationals of the permanent member states of the Council and two from amongst the nationals of other member states of the International Organization, of which the Secretary-General is not a national.
3)
The Secretary-General shall act as the Secretary-General of the Council and the Assembly.
4)
The Secretariat shall constitute an impartial, competent, and independent international civil service and shall be so selected as to reflect a fair representation of various nationalities.

viii. military commission

1)
There shall be established a Military Commission, the functions of which shall be as follows:
A.
To draft a disarmament convention and supervise its execution.
B.
To draft and execute plans for military sanctions.
C.
To organize and direct an international police force.
2)
The Military Commission shall consist of the representatives of the permanent members of the Council, and a certain number of representatives of other member states of the International Organization, to be determined by the Council.
3)
There shall be established, under the Military Commission, an International General Staff, the organization of which shall be determined by the Council.

ix. economic commission

1)
There shall be established an Economic Commission, the functions of which shall be as follows:
A.
To draft international conventions relating to economic cooperation and supervise their execution.
B.
To formulate and execute plans for economic sanctions.
C.
To study and compile statistics and reports on world economic conditions.
2)
The Commission shall consist of representatives of the permanent members of the Council, and a certain number of other member states of the International Organization, to be determined by the Council.
3)
The conventions relating to economic cooperation, drafted by the Economic Commission, shall be put into effect after their adoption by international economic conferences to be convened from time to time by the Council.
[Page 722]

x. international territorial trusteeship commission

There shall be established an International Territorial Administration Commission, the functions of which shall be as follows:

1)
To administer or supervise the administration of such territories as will be placed under the trusteeship of the International Organization.
2)
To administer territories that shall have been internationalized on account of strategic or other reasons, and placed under the jurisdiction of the International Organization.
3)
The Commission shall, with regard to the administration of the territories under trusteeship, introduce the necessary measures for the protection and welfare of the local populations; and the promotion of education with a view to enabling such territories to become self-governing and independent.
4)
The Commission shall submit an annual report to the Council regarding the conditions of the territories under the administration of the International Organization.
5)
The organization of the Commission shall be determined by the Council, and provision shall be made for representation on the Commission of the local populations of the territories concerned.

xi. international law codification commission

1)
There shall be established an International Law Codification Commission, the functions of which shall be as follows:
A.
To study problems of international law, and to propose conventions relating thereto.
B.
To codify existing international law.
2)
The regulations governing the organization of the International Law Codification Commission shall be determined by the Council.
3)
Conventions relating to international law, drafted by the International Law Codification Commission, shall be effective after their adoption by international codification conferences, to be convened from time to time by the Council, and ratification by two-thirds of the governments of the participating states.

xii. international labor office

The present International Labor Office shall be maintained as part of the International Organization, for the advancement of the welfare of all workers, and the promotion of cooperation between labor and capital.

xiii. international social welfare office

1)
There shall be established an International Social Welfare Office, the functions of which shall be as follows: [Page 723]
A.
To formulate various projects relating to international social welfare.
B.
To supervise the execution of the above-mentioned projects.
2)
Projects relating to international social welfare shall include the following matters:
A.
To regulate the production, manufacture, and sale of opium and other dangerous drugs.
B.
To suppress traffic in women and children.
C.
To prevent and suppress the spread of disease between states.
D.
To introduce measures of social relief and social insurance.
3)
Regulations governing the organization of the International Social Welfare Office shall be determined by the Council.
4)
The projects relating to international social welfare, formulated by the Social Welfare Office and adopted by the Council, shall be put into effect by the Office, or recommended to the governments of member states.

xiv. international cultural relations office

1)
There shall be established an International Cultural Relations Office, the functions of which shall be as follows:
A.
To formulate projects relating to international cultural cooperation.
B.
To supervise the execution of the above-mentioned projects.
2)
The above-mentioned projects relating to international cultural cooperation shall include the following matters:
A.
To establish the concept of international peace.
a)
Preparation of publications and school textbooks calculated to promote international understanding and friendship.
b)
Encouragement of international peace movements.
c)
Removal of possible causes of international ill-feeling in the fields of radio broadcasts, films, theaters, press, and literature.
B.
To effect cultural exchanges.
a)
Convening at regular periods international educational and academic conferences.
b)
Exchange of professors and students.
c)
Promotion of cultural and academic organizations of an international character.
d)
Setting up international research institutes and libraries.
e)
Encouraging scientific discoveries and assisting scientific and technical collaboration.
3)
The regulations governing the organization of the International Cultural Relations Office shall be determined by the Council.
4)
The projects relating to international cultural cooperation, formulated by the International Cultural Relations Office, and [Page 724] adopted by the Council, shall be put into effect by the Office or recommended to the governments of the member states.

xv. international court of justice

1)
There shall be established an International Court of Justice, for the judicial settlement of international disputes.
2)
The protocol governing the International Court of Justice shall be put into effect after its adoption by the Assembly and ratification by three-fourths of the states members of the International Organization.
3)
The Court shall have competence to deal with any justiciable dispute, at the request of the Council or of a party to the dispute.
4)
In the case of non-justiciable disputes, where both parties are agreeable to a judicial settlement, the International Court of Justice may deal with the case “ex aequo et bono.”10
5)
The International Court of Justice may deliver an opinion on matters referred to it by the Assembly or the Council.
6)
The Court may set up a Commission of Factual Investigation, where this is necessary for the adjudication of cases.
7.
All decisions by the International Court of Justice shall be compulsorily enforced.

xvi. pacific settlement of international disputes

1) No state shall be permitted to resort to the use of force for the settlement of disputes.

2) Where a dispute between member states has been settled by arbitration, or judicial or other pacific means, parties to the dispute shall have the obligation of faithfully carrying out the decisions of such settlement.

Where a dispute between member states is not settled by pacific means, the Council or the Assembly shall, at the request of either party to the dispute, have power to deal with the case. Where a party to the dispute is not represented in the Council, the Council shall invite such party to send a representative.

When a dispute is the subject of voting in the Assembly or in the Council, the parties to the dispute shall have no right to vote and, for the purpose of voting, shall not be counted as among those states present.

3) The council may, at any time, on its own initiative, transfer a case of dispute to the Assembly. Where it is so requested by either party to the dispute, the Council shall transfer the case to the Assembly; but such request for transfer shall be presented within a specified period after the dispute has first been brought before the [Page 725] Council. Similarly, the Assembly may refer cases of dispute to the Council.

4) Any use of force, or any threat to use force, whether immediately affecting any member state or not, shall be deemed a matter involving the peace of the world. In such cases, the Secretary-General may, on his own initiative or at the request of any member state, immediately convene the Council to take effective measures to safeguard peace. A member state shall not give any support or assistance, or accord any de facto or de jure recognition, to any situation that is created by force in contradiction to the principles of the Charter.

xvii. aggression and sanctions

1)
Any party to a dispute shall be considered the aggressor, who shall have been first to commit any of the following acts:
A.
Declaration of war against another state.
B.
The invasion by armed forces of the territory of another state.
C.
The use of land, naval, or air forces to bombard the territory of another state or attack the land, naval, or air forces of another state.
D.
The establishment of a blockade of the coast or ports of another state.
E.
Provision of support to armed groups, formed within its territory, which have invaded the territory of another state; or refusal, notwithstanding the request of the invaded state, to take in its own territory all the measures in its power to deprive such groups of all assistance or protection.
F.
The landing in, or introduction within the frontiers of another state, of land, naval, or air forces, without the permission of the government of such state; or the infringement of the conditions of such permission, particularly as regards the duration of sojourn or extension of area.
G.
Provision of arms and munitions, or financial or technical assistance to the nationals of another state, calculated to create civil commotion or to overthrow the government of such state.
2)
Sanctions shall consist of three kinds:
A.
Diplomatic sanctions
B.
Economic sanctions
C.
Military sanctions
3)
Concrete plans for the application of sanctions shall be formulated by the Council, in consultation with the Military and Economic Commissions, so that they may at any time be put into immediate application. With a view to the effective application of sanctions, such plans shall also include comprehensive provisions for aid to the victim of aggression and for mutual assistance among member states applying sanctions.
4)
There shall be established an international police force (which may exclusively consist of air force), which shall act under the Executive Council for the application of military sanctions. The organization of the International Police Force shall be determined by the Council. The expenses of the International Police Force shall be borne by the International Organization. In addition to the International Police Force, member states shall contribute armed forces in accordance with plans formulated by the Council.
5)
As soon as the aggressor is determined, there shall, in addition to the immediate application of diplomatic and economic sanctions, be set in motion the necessary preparations for military sanctions to be enforced by the decision of the Council, against such aggressor.
6)
Where there is a threat of the use of force, the Council shall, on its own initiative or at the request of a party to a dispute, immediately adopt emergency measures for the prevention of actual conflict of arms. If either party refuses to comply with such emergency measures, the Council shall take the necessary steps with a view to the application of sanctions.
7)
Upon the outbreak of an international conflict, the Council shall, on its own initiative or at the request of either party, be immediately convened to determine the aggressor. Pending determination of the aggressor, the Council may decide upon emergency measures for the suspension of hostilities; and either party to the dispute who acts against such measures shall be deemed the aggressor.
8)
The Council may also apply sanctions in the following cases:
A.
To a member state which refuses to submit a dispute to pacific settlement.
B.
To a member state which refuses to carry out the terms of a pacific settlement.
9)
All decisions relating to aggression and sanctions shall rest with the Council.

xviii. peaceable changes

1)
Where a treaty has become inapplicable on account of change of circumstances or where there exists an international situation, the continuance of which may endanger world peace, and the parties concerned have failed to achieve results by direct negotiation, the Assembly may, at the request of either party, make recommendations for a satisfactory solution.
2)
Such recommendations must have been passed by a two-thirds majority of member states present in the Assembly.
3)
If either party fails to comply with the recommendation of the Assembly, the Council may, at the request of the other party, take effective measures for their enforcement and may, if necessary, apply sanctions.
[Page 727]

xix. regional organizations

1)
Member States within the same geographic area may voluntarily establish regional organizations to promote cooperation and peaceful relations.
2)
The purpose of a regional organization shall be supplementary to the International Organization and shall not, in any case, be contrary to the provisions of the Charter of the International Organization.
3)
A regional organization shall be subject to the control of the International Organization and shall submit an annual report of its work to the Assembly of the International Organization.
4)
International matters of regional character may be dealt with by the regional organization; but any member state concerned which is not satisfied by the action taken by the regional organization may submit the case to the Council or the Assembly for reconsideration.
5)
A regional organization shall have no right to decide on questions relating to aggression and sanctions. The structure and constitution of a regional organization shall be formulated by the states concerned, in accordance with regional conditions, subject to the approval of the Assembly of the International Organization.

xx. treaty obligations

1)
All treaties and international agreements hereafter entered into by member states should be registered with and published by the Secretariat of the International Organization. Such treaties or international agreements shall not be considered effective prior to registration.
2)
Member states shall mutually agree that all obligations or understandings existing among them and contrary to the provisions of the Charter should be abrogated by virtue of the Charter; and they shall undertake henceforth not to enter into any obligations contrary to the provisions of the Charter.
3)
Any member state which has, prior to admission to the International Organization, undertaken obligations contrary to the provisions of the Charter, shall immediately take the necessary steps to divest itself of such obligations.

xxi. relations between the international organization and non-members

1)
In cases of dispute between a member state and a non-member state, or between non-member states, the Council shall invite such non-member [state] or states, to accept, provisionally, the obligations of member state, under such conditions as are deemed appropriate by the Council, with a view to a settlement of the dispute. Where such invitation is accepted by a non-member, the provisions of the Charter [Page 728] relating to pacific settlement, aggression, sanctions, and other relevant provisions, shall all be applicable.
2)
After such invitation is offered to a non-member, the Council shall immediately investigate the circumstances of the dispute and make recommendations of such measures as it shall deem most appropriate and effective.
3)
If one party so invited declines to accept the obligations of a member state for the settlement of a dispute, but resorts to the use of force against the other party, such party shall be subject to sanctions.
4)
If both parties to a dispute decline, upon invitation, to accept the obligations of a member state for the settlement of a dispute, the Council shall take the appropriate steps and make recommendations with a view to preventing hostilities and solving the conflict.
5)
In matters relating to disarmament, economic collaboration, international law codification, social welfare, and cultural relations, the International Organization shall take steps to make possible participation by non-member states.

xxii. budget

1)
The budget of the International Organization shall be determined by the Assembly.
2)
The expenses of the International Organization shall be borne by the member states, according to a scale adopted by the Assembly on the basis of the respective national incomes of the member states.
  1. Copy transmitted to the Department by Chinese Vice Premier Kung, August 23.
  2. “According to what is just and good.”