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Encyclopedia > Amendments to the United Nations Charter

Amendments to the United Nations Charter can be made by a procedure set out in Chapter XVIII of the UN Charter. The UN Charter have been amended twice since 1945[1]. The United Nations Charter is the constitution of the United Nations. ... The United Nations Charter is the constitution of the United Nations. ... 1945 (MCMXLV) was a common year starting on Monday (link will take you to calendar). ...

Contents


Amendment process

Article 108 provides:

Amendments to the present Charter shall come into force for all Members of the United Nations when they have been adopted by a vote of two thirds of the members of the General Assembly and ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations, including all the permanent members of the Security Council.

Because amendment requires the consent of all five permanent members of the UN Security Council – defined in Article 23 as "The Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States" – it is impossible for other members to force the permanent five to give up their veto power through the amendment process. Many reformers have described this situation as a Catch-22. According to Global Policy Forum, "the P-5 are content with the present arrangements and oppose any changes that might dilute or challenge their power or expand their 'club.' China has already announced it will block permanent membership for Japan and the United States has suggested that it will only support Council reform that commands an implausibly 'broad consensus'"[2]. A session of the Security Council in progress The United Nations Security Council is the most powerful organ of the United Nations. ... National motto: None Official language Mandarin Chinese Capital and largest city Taipei President Chen Shui-bian Premier Frank Hsieh Area  - Total  - % water Ranked 138th 35,980 km² 2. ... Soviet redirects here. ... The United Kingdom of Great Britain and Northern Ireland is a country in western Europe, and member of the Commonwealth of Nations, the G8, the European Union, and NATO. Usually known simply as the United Kingdom, the UK, or (inaccurately) as Great Britain or Britain, the UK has four constituent... Catch 22 has become a term, inspired by Joseph Hellers novel Catch-22, describing a general situation in which A must have been preceded by B, and B must have been preceded by A. Symbolically, (~B => ~A) & (~A => ~B) where either A or B must come into being first. ... Global Policy Forum, or GPF, is an organization seeking to promote accountability of international organizations such as the United Nations and strengthen international law. ...


Article 109 provides for the convening of a "General Conference of the Members of the United Nations" to consider amendments. In 1955, the UN General Assembly established a committee to meet and report on this possibility annually. The committee did so until 1967[3]. The requirement that a "proposal to call such a conference shall be placed on the agenda" of the 1955 General Assembly reflects the intent of the UN Charter's framers that the original charter would only be a provisional document, until the establishment of a more perfect union within a decade or two. Many organizations have launched lobbying efforts and petition drives in an attempt to invoke the provisions of Article 109[4]. 1955 (MCMLV) was a common year starting on Saturday of the Gregorian calendar. ... United Nations General Assembly The United Nations General Assembly is one of the six principal organs of the United Nations. ... 1967 (MCMLXVII) was a common year starting on Sunday of the Gregorian calendar. ...


According to the Commission on Global Governance's 1995 report Our Global Neighborhood, "Article 109 of the UN Charter envisaged Charter revision. Interestingly, a mandatory revision was one idea canvassed at San Francisco in the context of the objections to the provision for a veto by countries that were not great powers"[5]. The Commission on Global Governance was an organization chaired by Swedish Prime Minister Ingvar Carlsson that produced a controversial report, Our Global Neighborhood, in 1996[1]. The report was attacked by pro-sovereignty groups for calling for United Nations reforms that would increase its power. ... 1995 (MCMXCV) was a common year starting on Sunday of the Gregorian calendar. ... Our Global Neighborhood is the report of the Commission on Global Governance, issued in 1995, advancing the view that nations are interdependent and calling for a strengthened United Nations. ...


Amendments

The changes to the UN Charter, made by means of five amendments, were:

These amendments were adjustments to take into account increases in the UN membership, which has almost quadrupled since 1945. 1965 (MCMLXV) was a common year starting on Friday (link goes to calendar). ... A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple majority in order to have effect. ... 1965 (MCMLXV) was a common year starting on Friday (link goes to calendar). ... The Economic and Social Council (ECOSOC) of the United Nations assists the General Assembly in promoting international economic and social cooperation and development. ... 1973 was a common year starting on Monday. ... The Economic and Social Council (ECOSOC) of the United Nations assists the General Assembly in promoting international economic and social cooperation and development. ... 1971 is a common year starting on Friday (click for link to calendar). ... 1973 was a common year starting on Monday. ... 1945 (MCMXLV) was a common year starting on Monday (link will take you to calendar). ...


Structural changes adopted without amendment

Major changes to the Charter-defined structure of the UN have also been made without formal amendment of the text:

  • The requirement that "Decisions of the Security Council on all other matters [not procedural] shall be made by an affirmative vote of nine members including the concurring votes of the permanent members..." was changed to allow decisions to be made when permanent members abstained, rather than concurring.
  • The Soviet Union's permanent seat in the UN Security Council was assumed by Russia. See Russia's membership in the United Nations.
  • The Taiwan-based Republic of China's permanent seat in the Security Council was assumed by the Beijing-based People's Republic of China when the General Assembly adopted Resolution 2758.

Russias membership in the United Nations after the dissolution of the Soviet Union in 1991, was the succession of the Soviet Unions seat, including its permanent membership on the UN Security Council. ... Beijing ▶(?) (Chinese: 北京; pinyin: ; Wade-Giles: Pei-ching; Postal System Pinyin: Peking) is the capital of the Peoples Republic of China (PRC). ... United Nations General Assembly Resolution 2758, adopted October 25, 1971, replaced the UN seat of the Republic of China with that of the Peoples Republic of China. ...

References

Wikisource
Wikisource has original text related to this article:
  • Paul, James and Nahory, Céline: Theses Towards a Democratic Reform of the UN Security Council, Global Policy Forum, July 13, 2005.
  • UN Charter.


 

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