United Nations: Charter, Organs, Membership and Amendment

The United Nations is the central institution of modern international law. Its Charter, signed at San Francisco on 26 June 1945 and in force from 24 October 1945, sets out its purposes and principles, creates its organs and binds its 193 members. India was an original member. This note covers the origins of the UN, its purposes and principles, membership, the principal organs other than the Security Council and the ICJ, and the amendment of the Charter.

1. Origins

Figure 1: From the Declaration to 193 members

• Wartime planning. The Atlantic Charter (1941) and the Declaration by United Nations (1 January 1942), which India signed, were followed by the Dumbarton Oaks proposals (1944) and the Yalta agreement on Security Council voting (1945)
• San Francisco Conference. Fifty states drafted the Charter between April and June 1945; Poland signed later as the 51st original member.
• India. India signed the Charter in 1945 and is an original member, though not then independent; Vijaya Lakshmi Pandit became the first woman President of the General Assembly in 1953.

2. Purposes and Principles

• Purposes, Article 1. To maintain international peace and security; to develop friendly relations based on equal rights and self-determination of peoples; to achieve cooperation on economic, social, cultural and humanitarian problems and respect for human rights; and to be a centre for harmonising the actions of nations.
• Principles, Article 2. Sovereign equality (2(1)); good faith fulfilment of Charter obligations (2(2)); peaceful settlement of disputes (2(3)); refraining from the threat or use of force (2(4)); assistance to the UN and none to states facing enforcement action (2(5)); ensuring that non-members act in accordance with these principles so far as necessary for peace (2(6)); and non-intervention by the UN in matters essentially within domestic jurisdiction, without prejudice to Chapter VII (2(7))

3. Membership

• Article 4. Membership is open to all peace-loving states that accept the Charter's obligations and are, in the Organization's judgment, able and willing to carry them out; admission is by decision of the General Assembly on the recommendation of the Security Council.
• Conditions of Admission, 1948. The conditions in Article 4(1) are exhaustive; a member may not make its vote depend on conditions not in the Charter, such as the admission of other states.
• Competence of the General Assembly for Admission, 1950. The Assembly cannot admit a state without a favourable recommendation of the Security Council.
• Suspension and expulsion, Articles 5 and 6. A member subject to enforcement action may be suspended, and one that persistently violates the principles may be expelled, by the Assembly on the Council's recommendation; neither power has been used.
• Arrears, Article 19. A member whose arrears equal or exceed its contributions for the preceding two full years loses its vote in the General Assembly, unless the failure is due to conditions beyond its control.
• Withdrawal. The Charter has no withdrawal clause; Indonesia announced withdrawal in 1965 and resumed participation in 1966.

4. The Principal Organs

Figure 2: Article 7: the six principal organs

Figure 3: The General Assembly

• Committees. The Assembly works through six main committees, the Sixth dealing with legal questions and the work of the International Law Commission.
• ECOSOC. 54 members elected by the Assembly for three years; coordinates the specialised agencies through agreements (Articles 57 and 63), sets up functional commissions, and may grant consultative status to NGOs (Article 71)
• Trusteeship Council. Supervised trust territories; it suspended operations on 1 November 1994 after Palau, the last trust territory, became independent.
• Secretary-General. The chief administrative officer, appointed by the Assembly on the Council's recommendation (Article 97), by practice for five year terms; he may bring to the Council's attention any matter which may threaten peace (Article 99); staff must be independent of governments (Article 100); António Guterres has served since 2017, and the selection of his successor, to take office in January 2027, is under way.

5. Amendment of the Charter

• Article 108. Amendments come into force when adopted by two-thirds of the members of the General Assembly and ratified by two-thirds of the members, including all permanent members of the Security Council.
• Article 109. A General Conference to review the Charter may be convened by two-thirds of the Assembly and any nine members of the Council; none has been held.
• Amendments made. Articles 23, 27 and 61 were amended with effect from 1965 to enlarge the Security Council to fifteen, raise its voting majority to nine and enlarge ECOSOC to 27; Article 109 was adjusted in 1968; ECOSOC was enlarged to 54 in 1973.

6. Frequently Asked Questions

Can the General Assembly admit a new member without the Security Council?

No. In Competence of the General Assembly for the Admission of a State (1950), the ICJ held that admission requires a recommendation of the Security Council followed by a decision of the Assembly.

How many times has the UN Charter been amended?

Formally, through amendments to Articles 23, 27, 61 and 109 that took effect in 1965, 1968 and 1973, enlarging the Security Council and ECOSOC and adjusting the voting majority and the review conference provision.

7. Related Topics

• Topic 23: Legal Personality of International Organisations. Reparation for Injuries.
• Topic 49: International Court of Justice. The principal judicial organ.
• Topic 51: Collective Security. The Security Council.