Foreign Relations of the United States, 1948, General; the United Nations, Volume I, Part 1

IO Files: us/A/AC.18/86

United States Mission Working Paper

[New York,] March 5, 1948.

United States Proposals to the Interim Committee on the Problem of Voting in the Security Council¹

i. study of categories of security council decisions

A. The Interim Committee should study the categories of decisions which the Security Council is required to make in carrying out the functions entrusted to it under the Charter and the Statute of the International Court of Justice, and should report to the General Assembly those categories of decisions which in its judgment, in order to ensure the effective exercise by the Security Council of its responsibilities under the Charter, should be made by an affirmative vote of seven members of the Security Council, whether or not such categories are regarded as procedural or non-procedural. (A provisional proposed list of such categories is attached.)

B. The Interim Committee should recommend to the General Assembly:

(1) That the General Assembly accept the conclusions of the Interim Committee’s Report, and

(2) That the General Assembly as a first step recommend to the permanent members of the Security Council that they mutually agree that such voting procedures be followed, and that steps be taken to make their agreement effective.

ii. consultations among permanent members

The Interim Committee should recommend to the General Assembly that in order to improve the functioning of the Security Council the General Assembly recommend to the Permanent Members of the Security Council that wherever feasible consultations should take place among them concerning important decisions to be taken by the Security Council.

[Attachment]

Provisional List of Categories of Security Council Decisions Which the United States Proposed Should Be Made by an Affirmative Vote of Seven Members, Whether or Not Such Categories Are Regarded as Procedural or Non-procedural

1. Decisions with respect to admission of States to membership in the United Nations, pursuant to Article 4 (2).

2. Decisions to bring a question relating to the maintenance of international peace and security before the General Assembly pursuant to Article 11 (2).

3. Decisions to request the recommendation of the General Assembly concerning a matter relating to the maintenance of international peace and security being dealt with by the Security Council pursuant to Article 12 (1).

4. Decisions to cease dealing with a matter relating to the maintenance of international peace and security which is under consideration by the General Assembly pursuant to Article 12 (2).

5. Decisions with respect to the consent of the Security Council to the notifications made by the Secretary-General under Article 12 (2).

6. Decisions with respect to the request directed by the Security Council to the Secretary-General that he convoke a Special Session of the General Assembly under Article 20.

7. Submission of annual and special reports from the Security Council to the General Assembly pursuant to Article 24 (3).

8. Decisions of the Security Council as to whether a matter is procedural pursuant to Article 27 (2).

9. Determination of the parties to a dispute and the existence of a dispute for the purpose of deciding whether a Member of the Security Council shall be required to abstain from voting pursuant to Article 27 (3).

10. Decisions concerning the manner of the organization of the Security Council pursuant to Article 28 (1).

11. Decisions concerning the time and place of its regular and periodic meetings pursuant to Article 28 (2) and Article 28 (3).

12. Establishment of subsidiary organs pursuant to Article 29.

13. The election of a President pursuant to Article 30.

14. Adoption of Rules of Procedure pursuant to Article 30.

15. Decisions to permit the participation of Members of the United Nations in the discussion of any question where the Council considers that the interests of the Member are especially affected pursuant to Article 31.

16. Decisions to invite a Member State which is not a Member of the Security Council or a State not a Member of the United Nations which is a party to a dispute under consideration by the Council to participate without vote in the discussion relating to the dispute pursuant to Article 32.

17. Decisions with respect to conditions for the participation of a State which is not a Member of the United Nations in the Security Council discussions in accordance with Article 32.

18. Decisions to consider and discuss a matter brought to the attention of the Council.

19. Decisions to call upon the parties to a dispute to settle their dispute by peaceful means of their own choice pursuant to Article 33 (2).

20. Decisions to investigate a dispute or a situation which might lead to international friction or give rise to a dispute, pursuant to Article 34.

21. Decisions to recommend appropriate procedures or methods of adjustment of a dispute or situation endangering the maintenance of international peace and security, pursuant to Article 36 (1).

22. Decisions of the Security Council pursuant to Article 36 (2) to recommend to the parties to a legal dispute that the dispute should be referred by the parties to the International Court of Justice in accordance with provisions of the Statute of the Court.

23. Decisions to make recommendations at the request of all parties to a dispute with a view to its pacific settlement, pursuant to Article 38.

24. Decisions to request assistance from the Economic and Social Council pursuant to Article 65.

25. Reference of a legal question to the International Court of Justice for an advisory opinion pursuant to Article 96 (1).

26. Decision to convoke a conference to review the Charter prior to the Tenth Annual Session of the General Assembly pursuant to Article 109 (1).

27. Decision to convoke a conference to review the Charter subsequent to the Tenth Annual Session of the General Assembly pursuant to Article 109 (3).

28. Election of judges of the International Court of Justice pursuant to Article 4 (1), Article 10 (1) of the Statute of the Court. (Article 10(2) of the Statute.)

29. Decisions of the Security Council determining the conditions, under which a State which is a party to the present Statute of the International Court of Justice, but which is not a Member of the United Nations, may participate in electing the Members of the Court pursuant to Article 4 (3) of the Statute of the Court.

30. Appointment of conferees in connection with election of judges of the International Court of Justice pursuant to Article 12 of the Statute of the Court. (Article 10(2) of the Statute.)

31. Determination of the date of election of judges of the International Court of Justice pursuant to Article 14 of the Statute of the Court.

1. The United States proposals were circulated to the members of the Interim Committee as United Nations document A/AC. 18/41, March 10, 1948. They were the subject of a statement of some length to the Interim Committee on March 15 by the Deputy U.S. Representative on the Interim Committee (Jessup). Mr. Jessup concluded his statement by saying that “The list presented by the United States for study was strictly provisional … The United States hoped for a full examination of all categories of decisions the Security Council must take, and had no preconceived ideas of what the final results of the study should be.

   “A study such as was being proposed might be usefully undertaken by a subcommittee ….” (United Nations document A/AC. 18/SR. 12, Summary Record of the 12th Meeting of the Interim Committee, March 15, 1948, p. 5).