500.CC/5–145: Telegram

The Chairman of the United States Delegation (Stettinius) to the Acting Secretary of State

7. Will you be good enough to send the attached to the President in memorandum form as from me:

Memorandum for the President

Subject: Charter for the International Organization

The United States delegation to the United Nations Conference on international organization is unanimously agreed that in addition to the alterations in the Dumbarton Oaks proposals that it was previously agreed we should propose during the San Francisco Conference, and which were listed in the memorandum to you of April 19, 1945,10 a few additional alterations should be proposed.11 It has also been agreed that we should give our support to certain other suggestions when made by other governments.12

Alterations To Be Proposed.

The most important additional points that we have agreed to propose are:

Principles:13

1. Change the principles concerning non-member states so that instead of the organization being obligated to ensure that non-member states take positive action in accordance with the principles for the maintenance of peace and security, the organization would be obligated to ensure that non-member states should not interfere with action by the organization for the maintenance of peace and security.

Maintenance of Peace and Security:14

1.
Extend the power of the Security Council to recommend appropriate procedures or methods of settlement as well as of adjustment.
2.
Specify that the measures which the Security Council should take when it has determined that a threat to the maintenance of international peace and security exists are limited to diplomatic, economic, or other measures not involving the use of armed force and action by air, naval, or land forces necessary for the maintenance of international peace and security.
[Page 507]

Secretariat:15

1. Specify that in the performance of their duties, the Secretary-General and the staff should be responsible only to the organization, that they should not seek or receive instructions in regard to the discharge of their responsibilities from any authority external to the organization, and that the members should undertake fully to respect the international character of the responsibilities of the Secretariat.

Amendments:16

1. Supplement the amendment procedure by providing that a general conference of the members of the United Nations may be held for the purpose of reviewing the charter at a date and place to be fixed by a three-fourths vote of the General Assembly with the concurrence of the Security Council by a vote of seven. Each would have one vote in the conference, and recommendations of the Conference by a two-thirds vote would take effect in accordance with the procedure prescribed for amendments.

Alterations To Be Supported.

The most important points that we have agreed to support are:

Principles:17

1. Specify the obligations of all members

(a)
To cooperate in the solution of international economic, social and other humanitarian problems, and
(b)
To respect international law and treaty obligations and to promote their development and their adaptation to changing conditions.

Membership:18

1. List the initial member states in an annex to the charter.

Principal Organs:19

1. Eliminate the distinction between principal organs and other agencies of the organization, and list together all the main bodies mentioned in the proposals.

General Assembly:

1.20
Specify the power of the General Assembly to
(a)
Determine the number of representatives each member state could have in the General Assembly,
(b)
Formulate draft conventions for submission to states for ratification,
(c)
Act within the’ limits of the charter on matters of concern to the organization which are not allocated to other organs.
2.21
Indicate that the rights and privileges of members that have been suspended may be restored by the same process as that required for suspension (by the General Assembly upon recommendation of the Security Council), except that if the General Assembly is not in session they may be restored by decision of the Security Council.
3.22
Provide that the members of the organization should report periodically on the effect given by them to recommendations of the General Assembly.
4.23
Indicate that special sessions may be called by the Security Council or on request of a specified number of members.

The Security Council:24

1. Specify that the Security Council, and member states in carrying out the decisions of the Security Council, should act in accordance with both provisions of the charter and the purposes and principles of the organization.

Arrangements for International Economic and Social Cooperation:

1.25
Specify that the organization should:
(a)
Promote cultural cooperation,
(b)
Initiate negotiations for the creation of specialized agencies for the accomplishment of its objectives.
2.26
Empower the Economic and Social Council:
(a)
To initiate the agreements to bring specialized organizations into relationship with the organization,
(b)
To make only recommendations that are consistent with those adopted by the General Assembly,
(c)
To perform functions entrusted to it by inter-governmental agreements, subject to approval by the General Assembly, as well as functions assigned it by the General Assembly.
3.27
Specify that the Economic and Social Council should:
(a)
Initiate the agreements to bring specialized organizations into relationship with the organization,
(b)
Set up such commissions, committees, or other bodies as it needs, rather than to specify an economic and a social commission.

Secretariat:28

1.
Provide that the Secretary-General shall be elected by the General Assembly with the concurrence of the Security Council acting by a vote of seven, for a period of five years and eligible for re-election. Also that he should be subject to removal by a two-thirds vote of the General Assembly.
2.
Empower the Secretary-General to bring to the attention of the General Assembly any matter which may threaten or impair the general welfare.
[
Stettinius
]
  1. Ante, p. 353.
  2. Document giving texts of proposals which the United States was prepared to initiate, designated “A”, April 26, not printed.
  3. Document giving texts of proposals which the United States was prepared to support, designated “B”, April 26 and 28, not printed.
  4. Dumbarton Oaks Proposals, chapter II, unnumbered paragraph; the Proposals are printed in Foreign Relations, 1944, vol. i. p. 890.
  5. Chapter VIII, sections A(5) and B(3).
  6. Chapter X, additional paragraph following paragraph 3.
  7. Chapter XI (2).
  8. Chapter II (7) and (8).
  9. Chapter III (2).
  10. Chapter IV.
  11. Chapter V, sections A, B (6), and (9).
  12. Chapter V, section B(3).
  13. Chapter V, section B(8).
  14. Chapter V, section D(1).
  15. Chapter VI.
  16. Chapter IX, section A(1) and A(2), additional paragraph.
  17. Chapter IX, sections A(3), C(b), and C(g).
  18. Chapter IX, sections A(3) and D(1).
  19. Chapter X (1) and (3).