320/1–1552: Telegram
The Acting Chairman of the United States Delegation to the General Assembly (Roosevelt) to the Secretary of State
priority
Delga 1022. Re membership: Fol is draft Peruvian proposal re admission members to UN:
“1. Taking into consideration documents which are considered precedents of UN charter prove intention their authors was establish universality of organization in such way it wld include all nations and states of mankind;
“2. Taking into consideration this universality is established in charter where it has been provided membership open to all peace-loving nations, only condition being members promise fulfil obligations charter;
“3. Taking into consideration decision whether country is peace-loving or not and whether capable and disposed fulfil obligations charter, ought be based on objective reality. If country maintaining friendly relations other countries, actually fulfilling internatl obligations and has submitted or is disposed submit any claim or controversy with another country to pacific means settlement established by internatl law, she does qualify;
[Page 427]“4. Taking into consideration according advisory opinion of ICJ conditions established in Article 4 of UN charter are limited and restricted in such way that excludes possibility judgment UN cld be inspired by motives different from those established in Article 4 of charter;
“5. Taking into consideration advisory opinion ICJ entirely agreement with well known rule of law that it is not possible exercise power discretionally when there are objective facts or rules for exercise such a power;
“6. Taking note that charter does not speak of simple opinion of UN but of real judgment of organization that must be decided objectively upon ascertained facts. Love of peace being linked to objective peaceful policy, only guarantee of promise to fulfil certain obligations is fact that state is fulfilling obligations it has already;
“7. Taking into consideration, not only for these reasons but also according to principles internatl justice, it is not possible deny to states candidates for membership to UN right to present proofs that at present they maintain friendly relations with other nations, are fulfilling all their internatl obligations and have accepted or are disposed accept for their internatl disputes peaceful means settlement established by internatl law;
- “(1). Declare that judgment of organization on admission new members ought be based exclusively on juridical conditions established by Article 4 of charter;
- “(2). Invite all states applying for membership to present to SC and GA treaties they have signed establishing friendly relations with other countries and instruments of conventions for peaceful solution their internatl problems;
- “(3). Recommends SC reconsider all applications for membership presented already, as well as future applications, in light these proofs and base its recommendations exclusively on objective conditions established in charter in measure in which they have been proved.”