OPIL the Charter of the United Nations ChI Purposes and Principles Article 1

8/19/2019 OPIL the Charter of the United Nations ChI Purposes and Principles Article 1

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Content type: Book Content

Series: Oxford Commentaries on

International LawISBN: 9780199639762

Product: Oxford Scholarly Authorities on

International Law [OSAIL]

Published in print: 22 November 2012

Ch.I Purposes and Principles, Article 1

Rüdiger Wolfrum

From: The Charter of the United Nations: A Commentary, Volume I

Edited By: Bruno Simma, Daniel-Erasmus Khan, Georg Nolte, Andreas Paulus,Nikolai Wessendorf, (Assistant Editor)

Subject(s):

United Nations (UN) — International peace and security — Civil and political rights — UN Charter

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2013. All Rights Reserved. Subscriber: OUP - Oxford Online

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Article 1

The Purposes of the United Nations are:

1. To maintain international peace and security, and to that end: to take effective

collective measures for the prevention and removal of threats to the peace, and for

the suppression of acts of aggression or other breaches of the peace, and to bring

about by peaceful means, and in conformity with the principles of justice and

international law, adjustment or settlement of international disputes or situations

which might lead to a breach of the peace;

2. To develop friendly relations among nations based on respect for the principle of

equal rights and self-determination of peoples, and to take other appropriate

measures to strengthen universal peace;

3. To achieve international co-operation in solving international problems of an

economic, social, cultural, or humanitarian character, and in promoting and

encouraging respect for human rights and for fundamental freedoms for all without

distinction as to race, sex, language, or religion; and

4. To be a centre for harmonizing the actions of nations in the attainment of thesecommon ends .

A. Introduction 1–6

B. Interpretation 7–27

C. Practice 28–38

Select Bibliography

D’Argent P and Susani N, ‘United Nations, Purposes and Principles’ MPEPIL, vol X (OUP 2012)

418–27.

Bailey SD, The UN Security Council and Human Rights (Martin’s Press and others 1994).

Bennett AL, International Organizations: Principles and Issues (7th edn, Prentice Hall 2002)

59.

Delbrück J, ‘Collective Security’ EPIL I (1992) 646.

de Wet E and Wood M, ‘Collective Security’ MPEPIL, vol II (OUP 2012) 316–22.

Dinstein Y, War, Aggression and Self-Defence (4th edn, CUP 2005).

Doehring K, ‘Collective Security’ in R Wolfrum (ed), United Nations: Law, Policies and

Practice (CH Beck 1995) 110.

Gading H, Der Schutz grundlegender Menschenrechte durch militärische Maßnahmen des

Sicherheitsrates—das Ende staatlicher Souveränität? (Duncker & Humblot 1996).

Goodrich LM and Simons AP, The United Nations and the Maintenance of International

Peace and Security (Brookings Inst 1955).

Kerbrat Y, La référence au Chapitre VII de la Charte des Nations Unies dans les résolutions

à caractère humanitaire du Conseil de Sécurité (LGDJ 1995).

Kimminich O, ‘Was heißt kollektive Sicherheit?’ in D Lutz (ed), Kollektive Sicherheit in und für

Europa…Eine Alternative (Nomos 1985) 47.

Randelzhofer A, ‘Purposes and Principles of the United Nations’ in R Wolfrum (ed), United

Nations: Law, Policies and Practice (CH Beck 1995) 994.(p. 108)

Schrijver N, ‘The Future of the Charter of the United Nations’ (2006) 10 Max Planck YB UN L 1.

Schwarzenberger G, ‘The Purposes of the United Nations: International Judicial Practice’

(1974) 4 IYBHR 11.Styt AM, ‘1986: UN International Year of Peace’ (1986) 33 NILR 412.

UNITAR, The United Nations and the Maintenance of International Peace and Security

(Nijhoff 1987).

Verosta S, ‘Der Begriff “internationale Sicherheit” in der Satzung der Vereinten Nationen’ in R

Marcic, H Mosler, E Suy, and K Zemanek (eds), Internationale Festschrift Verdross (Fink




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1971) 533.

A. Introduction*

1 The Dumbarton Oaks Proposals were based upon the premise that the effectiveness of a

system for the maintenance of international peace and security could be enhanced by defining

purposes and principles guiding the actions of the Organization and of its member States. Although

such an approach was generally accepted at the San Francisco Conference, proposals were made

to modify the Dumbarton Oaks text by introducing additional and more precise definitions. Theseproposals were designed to limit the relatively far-reaching discretionary powers of the organs, as

envisaged by the Dumbarton Oaks Proposals. Accordingly, some of them met with the objections

of the United States, the United Kingdom, and the Soviet Union. The ‘purposes’ as enshrined in the

Charter reflect the compromise achieved.

2 The United Nations’ purposes, spelled out primarily in Art. 1 of the Charter, and the principles as

set out in Art. 2 are both supplemented by the Preamble to the Charter which expresses the ideas

which guided the States parties when establishing the United Nations.

3 It is not easy to clearly distinguish between the purposes of Art. 1 and the principles as

enshrined in Art. 2, in particular since Art. 2 refers back to Art. 1.

4 The ‘purposes and principles’ are designed to provide a guide for the conduct of the UN organs

in a fairly flexible manner. It is a matter of controversy whether the purposes of the United Nations

as contained in Art. 1 of the Charter are meant to be legally binding. Their place in the Charter,

taking into consideration the legislative history of Art. 1, points in the direction of qualifying the

purposes as legally binding. However, the wording of Art. 1 is more appropriate for political

objectives rather than for legally binding obligations. Account has to be taken of the fact that

certain elements of Art. 1 (1) and (2) are considered principles binding under customary

international law (such as the prohibition of aggression, the prohibition of other breaches of peace,

an obligation (p. 109) to settle disputes by peaceful means, respect for human rights, respect for

equal rights, and self-determination of peoples).

5 Article 1 of the Charter does not indicate how a possible conflict between different purposesmight be resolved. This can only be achieved by establishing a practical concordance while giving

priority to the lasting preservation of peace. The preservation of peace is often described as being

the ‘purpose of all purposes’. The ICJ stated in the Advisory Opinion on Certain Expenses that

‘[t]he primary place ascribed to international peace and security is natural, since the fulfilment of

the other purposes will be dependent upon the attainment of that basic condition’.

6 Decisions of the organs taken under other Articles may be regarded—if one takes a

constitutional point of view—as bearing upon, or even implementing, such ‘purposes and

principles’. The majority of the Articles of the Charter—apart from those few which further specify

Arts 1 and 2—are merely of a procedural nature and serve either the purpose of attributing specific

functions to the organs or demarcating the functions of the organs. These Articles refer directly

(Arts 14, 24 (2), 52, 76, 104, and 105) or indirectly to the purposes and principles by repeating the

wording of the latter (Arts 11, 12, 13, 24 (1), 33–39, 42, 43, 48, 51, 55, 73, 84, and 99). This means

that each decision taken by a UN organ is evidence of the application and interpretation in practice

of the purposes of the Charter. This relationship is often expressed in the decisions of the organs in

the form of reference made to Art. 1 as a whole or in part, together with a citation of the Articles

which allocate powers and assign functions and responsibilities to the various organs.

B. Interpretation

7 Paragraph 1 of Art. 1 is composed of two parts, the first of which describes the essential

‘purpose’ of the Organization, namely to maintain international peace and security, whereas thefollowing paragraphs set out means designed to achieve this ‘purpose’. However, it would be

incorrect to say that the second part of para 1 and paras 2 and 3 only describe means to maintain

international peace and security, even if this notion is understood broadly. Friendly relations among

nations and international cooperation serving the objectives as referred to in para 3 are purposes

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in their own right, too.

8 The term ‘international peace and security’, which was previously used in the Preamble of the

Covenant of the League of Nations, is used quite frequently throughout the Charter. Nowhere in

the Charter is the term ‘international security’ used alone, whereas the terms ‘peace’ or ‘universal

peace’ can be found separately. Both of these latter terms address different, although interrelated

or even overlapping, concepts. The degree of overlap, however, depends very much upon

whether the term ‘peace’ is narrowly or broadly defined. If ‘peace’ is narrowly defined as the

mere absence of a threat or use of force against the territorial integrity or political independence of

any State (Art. 2 (4)) (p. 110) (‘negative peace’), the term ‘security’ will contain parts of what isusually referred to as the notion of ‘positive peace’. This latter notion is generally understood as

encompassing the activity which is necessary for maintaining the conditions of peace.

9 The Preamble and Art. 1 (1), (2), and (3) indicate that peace is more than the absence of war.

These provisions refer to an evolutionary development in the state of international relations which

is meant to lead to the diminution of those issues likely to cause war. For example, Art. 1 (2)

speaks of the strengthening of peace through the development of friendly relations among

nations. In the same vein, Art. 1 (3) indicates that the United Nations’ function is to bring about a

stabilization of international relations in order to curtail the likelihood of war. Consequently, the GA

has frequently emphasized the close link between the strengthening of international peace and

security on the one hand, and disarmament, decolonization, and development on the other. Thisapproach was not, at least not to its fullest extent, reflected in the Declaration on the Right of

Peoples to Peace.

10 However, it served as a basis for the Proclamation of the International Year of Peace. This

Proclamation stated that the promotion of international peace and security required continuing and

positive action by States and peoples with respect to a series of goals, including: the prevention of

war; the removal of various threats to peace (including the nuclear threat); respect for the principle

of the non-use of force; the resolution of conflicts and the peaceful settlement of disputes; the

development of confidence-building measures; agreement on disarmament; the maintenance of

outer space for peaceful uses; respect for the economic development of States; the promotion and

exercise of human rights and freedoms; decolonization in accordance with the principle of self-

determination; the elimination of racial discrimination and apartheid; the enhancement of the

quality of life; the satisfaction of human needs; and the protection of the environment. The High-

level Panel on Threats, Challenges and Change enumerated in its 2004 report ‘A more secure

world: Our shared responsibility’ five clusters of threats with which the world must be concerned

now and in the decades ahead: economic and social threats, including poverty, infectious disease,

and environmental degradation; inter-State conflict; internal conflict, including civil war, genocide,

and other large-scale atrocities; nuclear, radiological, chemical, and (p. 111) biological weapons;

terrorism; and transnational organized crime. Similarly, the former Secretary-General Kofi Annan

stated in his report ‘In larger freedom’:

The threats to peace and security in the twenty-first century include not just international war andconflict but civil violence, organized crime, terrorism and weapons of mass destruction. They also

include poverty, deadly infectious disease and environmental degradation since these can have

equally catastrophic consequences. All of these threats can cause death or lessen life chances on

a large scale. All of them can undermine States as the basic unit of the international system.

11 The term ‘international security’, in turn, consists of a subjective and an objective element. The

pursuit of this principle implies a transformation of international relations so that every State is

assured that peace will not be broken, or at least that any breach of the peace will be limited in its

impact. International security implies the right of every State to take advantage of any relevant

security system, while also implying the legal obligations of every State to support such systems.

The GA has stated that national and international security has become increasingly interrelated,

which accordingly makes it necessary for States to approach international security in a

comprehensive and cooperative manner. Since the unilateral and unrestrained pursuit of national

security interests may disturb the balance of power, thus detrimentally affecting international

security, it is crucial that nations reconcile possible contradictions between national security

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interests and the overall interest of international security. This concept has been seriously

challenged by the ‘National Security Strategy of the United States’, which was published in

September 2002.

12 Traditionally, the concept of international security was perceived as primarily a problem of

State security. Within recent years, however, an additional concept has emerged—that of human

security, acknowledging that threats cannot only come from States and non-State actors, but can

also exist to the security of both, States and the people.

13 The GA has emphasized the role regional arrangements play in respect of the maintenance of

international peace and security, underlining, however, the dominant role to be played by the

Security Council.

(p. 112) 14 International security can be promoted and achieved through various policies or

measures, two of which are referred to in para 1, namely measures of collective security and

adjustment or settlement of international disputes. The former refers to measures taken under

Chapter VII, the latter to measures under Chapter VI.

15 The defining characteristic of the concept of collective security is the protection of the

members of the system against a possible attack on the part of any other member of the same

system. Thus, the concept is primarily directed (unlike a system of collective self-defence) against

the illegal use of force from within the group of States forming the collective security system,

rather than against an external threat. The main legal prerequisite of collective security is the

general prohibition of the use of force, except when authorized by the competent central organ of

the respective organization (an idea reflected in Art. 24) or in cases of self-defence. The

distinction drawn between the concepts of collective security and collective self-defence has been

blurred to some extent in practice, and it has also lost relevance with respect to the United

Nations. This is due to the fact that membership of the United Nations has become almost

universal, rendering any distinction based upon external or internal acts of aggression rather

meaningless.

16 As collective security is a system where States collectively respond to threats to and breaches

of the peace, its scope becomes wider when the understanding of threats to the peace expands.

Thus, with the development of the concept of peace from a negative to a positive approach, theconcept of collective security has expanded.

17 Article 1 (1) refers to the maintenance of international peace and security as the overarching

purpose of the United Nations, whereas the suppression of aggression is only referred to as one

objective to be achieved through measures of collective security. This means that international

peace and security may be endangered not only by acts of aggression, but also by any other

threat to the peace. It further means that suppression of aggression as an objective of the United

Nations is subordinate to the maintenance of international peace and security. In consequence

thereof the Security Council may also direct its measures against the State being a victim of

aggression if and to the extent that this measure effectively preserves international peace and

security.

(p. 113) 18 The system of collective security can be supplemented, for example, by means of

disarmament and confidence-building measures. With respect to disarmament, the GA stated

in UNGA Res 34/83 (11 December 1979), that:

genuine and lasting peace can be created only through the effective implementation of the

security system provided for in the Charter of the United Nations and through the speedy and

substantial reduction of arms and armed forces by international agreement…leading ultimately to

general and complete disarmament under effective international control.

19 Another means through which States may protect international peace and security is toachieve a balance of power. In consequence, the GA has stated that hegemonic behaviour

represents a serious threat to international peace and security.

20 Aside from collective measures, Art. 1 (1) identifies another path to maintain international

peace and security, namely, the peaceful settlement or adjustment of international disputes or

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situations which might lead to a breach of the peace.

21 This part of the wording of para 1 differs from the Dumbarton Oaks text in the respect that this

adjustment or settlement must be accomplished ‘in conformity with the principles of justice and

international law’. With this, the discretionary powers of the organs concerned are narrowed to a

considerable extent. This specific insertion, advocated in some form or another by several

States, was suggested by a four-power proposal (China, United Kingdom, United States, and the

Soviet Union), which had, however, favoured a less explicit reference to justice and international

law. The other participants at the San Francisco Conference then insisted upon shifting the

emphasis from a peaceful settlement of disputes on the basis of political considerations to onebased instead on considerations of international law and justice. The words ‘justice and

international law’ in para 1, as in the Preamble, not only refer to treaties, customary (p. 114) law,

and general principles of law (Art. 38 of the ICJ Statute) but also establish a connection to natural

law.

22 During the deliberations of the San Francisco Conference, it was suggested that the

formulations of the purpose enshrined in para 1 be amended so as to read, ‘to maintain

international peace and security in conformity with the principles of justice and international law’.

This motion, however, did not receive the required majority. The view was expressed that it was

important that the SC should have the power to bring about an end to hostilities without considering

whether one side could legally have recourse to armed force. The legislative history of Art. 1 (1)makes it doubtful whether the SC may take permanent measures, for example, concerning the

territorial situation of a State, which are not in conformity with international law.

23 The wording of Art. 1 (1) indicates that three different functions of UN organs may be

distinguished as far as the maintenance of peace and security are concerned. These are identified

more specifically in the operative part of the Charter, to which Art. 1 (1) refers. First, the

Organization should insist upon and take measures so that States do not threaten, or cause, a

breach of the peace. This function is vested primarily in the GA, and to that extent Art. 1 (1) refers

to Arts 10, 11, and 13. If a State commits an act of aggression or another breach of the peace, or

threatens to do so, it is, secondly, up to the SC to take effective collective measures as provided

for in Chapter VII. Thirdly, the Organization can proceed to find an adjustment or settlement of the

dispute or situation, a function entrusted to the GA under Art. 14 and to the SC and the GA under

Chapter VI.

24 The Dumbarton Oaks Proposals did not refer to ‘friendly relations among nations based on

respect for the principle of equal rights and self-determination of peoples’, although the Atlantic

Charter of 14 August 1941 contained some language directed toward the principle of self-

determination. The amendment to the Dumbarton Oaks Proposals suggested by the four inviting

powers, however, included a wording nearly identical to Art. 1 (2). The reaction of Conference

participants was not entirely positive. The representative from Belgium, in particular, pointed out

that only the notion of equality ‘of States’ and not that of ‘equality of peoples’ was a part of

international law. In addition, he argued that it was dangerous to make the right to self-

determination the basis of friendly relations among States. Doubts were also raised by thoseStates which, although in favour of introducing the right to self-determination into the Charter,

wanted to ensure that this inclusion would not embrace a right of secession. (p. 115) The

discussion at the Conference and the summary of the Rapporteur show the objective pursued

by the drafters of Art. 1 (2). The term ‘equality of peoples’ was meant to underline that no

hierarchy existed between the various peoples. To this extent, the prohibition of racial

discrimination was transferred from the national level to the level of international relations. Apart

from that, the principle of equality of peoples and the right to self-determination are united. With

this, it is assured that no peoples can be denied the right to self-determination on the basis of any

alleged inferiority. The reference to self-determination encompasses the principle of self-

government, but does not justify secession. Finally, the principle of self-determination was

formulated as a basis for friendly relations among nations. Thus, according to the drafters of theCharter, a hierarchy of principles existed in that the right of self-determination should be pursued

so long as it does not disturb friendly relations among nations.

25 The principle of self-determination acquired its final shape through the practice of the UN. This

will be analysed by Oeter in a separate chapter which follows the Commentaries on Arts 1 and 2.

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26 Paragraph 3 differs greatly from the corresponding Dumbarton Oaks text. Whereas the latter

only provided for the achievement of international cooperation in solving international economic,

social, and other humanitarian problems, the present text is much more explicit, although not

substantially different. It was already proposed by the four inviting powers, and merely

underwent drafting changes during the course of the San Francisco Conference. In connection with

para 3, a suggestion was made to draft, or to include an already drafted bill of rights of nations and

individuals. It was, however, decided that such a task should be left to the Organization. The

operative parts of the Charter to which Art. 1 (3) refers are Chapters IX and X.

27 The text of Art. 1(4) is taken from the Dumbarton Oaks Proposals with only one drafting

change. Paragraph 4 emphasizes the necessity of consensus among the member States (and

especially among the permanent members of the SC) as a basis for action achieved through the

Organization. To that extent, para 4 has a double meaning. It refers, first, to the decision-

making process in the UN organs and its underlying philosophy, while at the same time

envisaging the transformation of the society of States into a community of States. Such a

transformation is facilitated by the sharing of common goals, as well as by the means through

which these goals are to be achieved (cooperation, development of friendly relations based upon

certain principles, settlement of disputes, and adjustment of disputes and situations in conformity

with the principles of international law and justice).

(p. 116) C. Practice

28 As indicated above, references to Art. 1 in decisions by the UN organs, made in a Preamble or

in an operative paragraph, are very often combined with a reference to the Articles allocating

powers and assigning functions and responsibilities. In order to avoid duplication, the following

analysis is limited to an examination of certain general features of the practice of the UN organs in

supporting their decisions by references to Art. 1.

29 The practice of the UN organs bearing on Art. 1 falls into two categories. The first consists of

decisions of general relevance, such as those concerned with the definition of standards of

international conduct, general formulations, and their implementation. The second concerns the

decisions of the Organization with respect to disputes and situations affecting the relations of

particular States. In this respect, the organs have on some occasions issued recommendations to

particular States, namely that they should be guided by the ‘purposes’ of the UN in the conduct of

their relations or in negotiations with other States. In this context, the question arose whether, for

example, Art. 1(3) contained sufficiently precise standards to be invoked as a basis for specific

recommendations.

30 The content of the decisions referring to Art. 1 is as wide and as varied as the scope of the

Charter itself. In applying Art. 1, the organs of the United Nations have addressed each other, the

specialized agencies, member States generally, all nations, particular members, and particular

non-members.

31 The GA has occasionally referred to the ‘purposes’ as a whole as forming one of the

constitutional grounds for its decisions. Reference was usually made simultaneously to Art. 2. One

of the major examples is UNGA Res 377 (V) (3 November 1950) (Uniting for Peace). Other such

references have been of a more general nature. In its UNGA Res 1301 (XIII) (10 December 1958),

the GA stressed that the observance of the ‘purposes and principles’ created the best basis for

ensuring the conditions essential for the nations and peoples of the world to live, and to assist each

other, in mutual tolerance and understanding, for the benefit of all. In UNGA Res 1815 (XVII) (18

December 1962) (Considerations on the Principles of International Law Concerning Friendly

Relations and Co-operation Among States), in accordance with the Charter of the United Nations,

the GA noted that ‘the great political, economic, social and scientific changes that had (p. 117)

occurred in the world since the adoption of the Charter had further emphasized the vital

importance of the Purposes and Principles of the United Nations and of their application to present-

day conditions’. In its Declaration on Principles of International Law concerning Friendly Relations

and Co-operation among States in Accordance with the Charter of the United Nations, the GA

stated:

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that the adoption of the Declaration…would contribute to the strengthening of world peace and

constitute a landmark in the development of international law and of relations among States, in

promoting the rule of law among nations and particularly the universal application of the Principles

embodied in the Charter.

32 In UNGA Res 2734 (XXV) (16 December 1970) (Declaration on the Strengthening of

International Security), the GA reaffirmed the ‘universal and unconditional validity of the Purposes

and Principles of the Charter of the United Nations as the basis of relations among States

irrespective of their size, geographical location, level of development or political, economic and

social systems’. The commitment to the purposes and principles of the Charter was also strongly

reaffirmed in the Millennium Declaration: ‘We reaffirm our commitment to the purposes and

principles of the Charter of the United Nations, which have proved timeless and universal. Indeed,

their relevance and capacity to inspire have increased, as nations and peoples have become

increasingly interconnected and interdependent.’ At the World Summit 2005 the Heads of State

and Government emphasized again their commitment to the purposes and principles of the

Charter.

33 On several occasions, the GA has stated that the codification of the rules of international law

and their progressive development would assist in promoting the ‘purposes and principles’ of the

Charter of the United Nations. Reference to the ‘purposes’ was made when the GA attempted toformulate the interests of the world community as a whole. Finally, the GA has frequently

requested that new efforts be made to broaden the teaching in schools of the ‘purposes and

principles’ of the Charter and of the structure and activities of the United Nations and its specialized

agencies, with particular reference to human rights.

(p. 118) 34 The principles enshrined in Art. 1 (1) have been the subject of occasional discussion

and have been specifically referred to in GA resolutions concerning the following matters: calling

upon governments to settle their disputes by peaceful means; appealing to the permanent

members of the SC to contribute more effectively to the promotion of international peace;

qualifying certain situations; appealing for the regulation, limitation, and balanced reduction of all

armed forces and all armaments; condemning all forms of propaganda designed or likely to

provoke or encourage any threat to the peace, breach of the peace, or act of aggression.

Perhaps the most comprehensive action by the GA in this respect is the Declaration of Societies

for Life in Peace. It lists eight principles designed to guide States.

35 In recent years explicit references were made by the GA to Art. 1 (2), inter alia, with regard to

the Global Agenda for Dialogue among Civilizations; the Human Rights Council; the right of the

Palestinian people to self-determination; respect for the principles of national sovereignty and

non-interference in the internal affairs of States in electoral processes as an important element for

the promotion and protection of human rights; respect for the principles of national sovereignty

and diversity of democratic systems in electoral processes as an important element for the

promotion and protection of human rights.

36 The GA, while referring to Art. 1 (3), has on several occasions stressed the need for

international cooperation in solving international problems of an economic, social, (p. 119) cultural,

or humanitarian character and of promoting and encouraging respect for human rights and

fundamental freedoms. The issues touched upon are manifold. The need for international

cooperation was particularly emphasized in the first few years, whenever the GA initiated relief

actions. Later on, the emphasis shifted to promoting the development of developing countries

either by creating favourable conditions for them, by obliging States or UN organs to render

help, by providing for direct financial or technical assistance, or by calling for cooperation

among States. In UNGA Res 2625 (XXV) (24 October 1970) the GA proclaimed that ‘States have the

duty to cooperate with one another, irrespective of the differences in their political, economic and

social systems, in the various spheres of international relations’. In connection with the creationof new organs in the field of economic development and cooperation, Art. 1 (3), in particular, has

frequently been invoked. In Res 2152 (XXI) (17 November 1966), the GA stated that the purpose of

UNIDO should be ‘to promote industrial development, in accordance with Article 1 para 3 and

Articles 55 and 56 of the Charter’. Equally it is the task of UNIDO to ‘encourage the mobilization of

national and international resources to assist in, promote and accelerate the industrialization of the

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developing countries’.

37 As far as the protection of human rights is concerned, Art. 1 (3) has been invoked with respect

to the improvement generally within the UN System of the effective enjoyment of human rights and

fundamental freedoms, the political rights of women, the Draft Convention on Freedom of

Information, the question of racial conflict in South Africa resulting from the policies of

apartheid, information from non-self-governing (p. 120) territories, the elimination of racial

discrimination, the elimination of all forms of intolerance and discrimination based on religion

and beliefs, development of public information activities in the field of human rights,

enhancement of international cooperation in the field of human rights, and the strengthening of

the rule of law.

38 Article 1 (4) was invoked—sometimes together with Art. 1 (3)—when the GA established a new

organ, for example the resolution on the establishment of the United Nations Conference on Trade

and Development referred to Art. 1 (4). Such references, however, are not too frequent. No

explicit references to Art. 1 (4) have been made since 1965. In principle Art. 1 (4) has suffered the

same fate as Art. 56, to which it is related.

Footnotes:

* Mirka Möldner provided valuable information to this entry and contributed very helpful advice.

As to the negotiating history see A Randelzhofer, ‘Purposes and Principles of the United Nations’

in R Wolfrum (ed), United Nations: Law, Policies and Practice (CH Beck 1995) 995.

It has been criticized, inter alia, by Schrijver (N Schrijver, ‘The Future of the Charter of the United

Nations’ (2006) 10 Max Planck YB UN L 17 and 32f) that new objectives that have emerged over

the years, such as development, combating poverty, post-war peace reconstruction, the

conservation of the environment and promoting of the rule of law, are not, or only barely

mentioned in the Charter.

The Rapporteur of Committee I/1 referred to the purposes as ‘the raison d’être of the

Organization,…the aggregation of the common ends…the cause and object of the Charter to which

member states collectively and severally subscribe’; UNCIO VI, 447, Doc 944. Compare also CPF/Bedjaoui, 314.

Certain Expenses of the United Nations (Advisory Opinion) [1962] ICJ Rep 151, 168.

eg in the Preamble; Arts 2 (3) and (6), 11 (1) and (2), 12 (2), 18 (2), 23 (1), 24 (1), 26, 33 (1), 34,

37 (2), 39, 42, 43 (1), 47, 48 (1), 51, 52 (1), 73, 76, 84, 99, 106.

See, especially, JA Randelzhofer, ‘Der normative Gehalt des Friedensbegriffs im Völkerrecht der

Gegenwart’ in J Delbrück (ed), Völkerrecht und Kriegsverhütung (Duncker & Humblot 1979) 13–39.

See Randelzhofer and Dörr on Art. 2 (4) MN 14f.

Randelzhofer (n 7) 22f.

The UNGA has listed component elements of peace in several resolutions: UNGA Res 290 (IV)

(1 December 1949) UN Doc A/RES/290(IV); UNGA Res 380 (V) (17 November 1950) UN Doc

A/RES/380(V); UNGA Res 1236 (XII) (14 December 1957) UN Doc A/RES/1236(XII); see UNGA Res

33/73 (15 December 1978) UN Doc A/RES/33/73; in particular for the Balkan UNGA Res 50/80 B (12

December 1995) UN Doc A/RES/50/80B.

UNGA Res 2734 (XXV) (16 December 1970) (Declaration on the Strengthening of International

Security) UN Doc A/RES/2734(XXV); UNGA Res 34/100 (14 December 1979) UN Doc A/RES/34/100;

UNGA Res 35/158 (12 December 1980) UN Doc A/RES/35/158; UNGA Res 38/71 B (15 December

1983) UN Doc A/RES/38/71B; UNGA Res 39/160 (17 December 1984) UN Doc A/RES/39/160; UNGA

Res 40/155 (16 December 1985) UN Doc A/RES/40/155; UNGA Res 44/114 (15 December 1989) UN

Doc A/RES/44/114 concerning the reduction of military budgets; UNGA Res 50/70 (12 December1995) UN Doc A/RES/50/70 on general and complete disarmament.

UNGA Res 39/11 (12 November 1984) UN Doc A/RES/39/11. Its operative para 3 reads

‘emphasizes that ensuring the exercise of the right of peoples to peace demands that the policies

of States be directed towards the elimination of the threat of war, particularly nuclear war, the

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OPIL the Charter of the United Nations ChI Purposes and Principles Article 1

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