The Dumbarton Oaks Conference
DOCUMENTS GIVING TENTATIVE SECURITY PLAN
Released October 9, 1944
Vital Speeches of the Day, Vol. XI, pp. 27-32.
STATEMENT BY CORDELL HULL, Secretary of State
THE proposals for an international organization for the maintenance of international peace and security, upon which the representatives of the United States, the United Kingdom, the Soviet Union and China have agreed during the conversations at Dumbarton Oaks, have been submitted to the four Governments and are today being made generally available to the people of this nation and of the world.
All of us have every reason to be immensely gratified by the results achieved at these conversations. To be sure, the proposals in their present form are neither complete nor final. Much work still remains to be done before a set of completed proposals can be placed before the peace-loving nations of the world as a basis of discussion at a formal conference to draft a charter of the projected organization for submission to the Governments.
But the document which has been prepared by the able representatives of the four participating nations and has been agreed to by them as their recommendation to their respective Governments is sufficiently detailed to indicate the kind of an international organization which, in their judgment, will meet the imperative need of providing for the maintenance of international peace and security.
These proposals are now being studied by the four Governments which were represented at the Washington conversations and which will give their urgent attention to the next steps which will be necessary to reach the goal of achieving the establishment of an effective international organization. These proposals are now available for full study and discussion by the peoples of all countries.
American Part in Parley
We in this country have spent many months in careful planning and wide consultation in preparation for the conversations which have just been concluded. Those who represented the Government of the United States in these discussions were armed with the ideas and with the results of thinking contributed by numerous leaders of our national thought and opinion, without regard to political or other affiliations.
It is my earnest hope that, during the time which must elapse before the convocation of a full United Nations conference, discussions in the United States on this all-important subject will continue to be carried on in the same nonpartisan spirit of devotion to our paramount national interest in peace and security which has characterized our previous consultations.
I am certain that all of us will be constantly mindful of the high responsibility for us and for all peace-loving nations which attaches to this effort to make permanent a victory purchased at so heavy a cost in blood, in tragic suffering and in treasure. We must be constantly mindful of the price which all of us will pay if we fail to measure up to this unprecedented responsibility.
It is, of course, inevitable that when many governments and peoples attempt to agree on a single plan, the result will be in terms of the highest common denominator rather than of the plan of any one nation. The organization to be created must reflect the ideas and hopes of all the peace-loving nations which participate in its creation. The spirit of cooperation must manifest itself in mutual striving to attain the high goal by common agreement.
The road to the establishment of an international organization capable of effectively maintaining international peace and security will be long. At times, it will be difficult. But we cannot hope to attain so great an objective without constant effort and unfailing determination that the sacrifices of this war shall not be in vain.
REPORT BY EDWARD R. STETTINIUS, JR.
Report to Secretary of State Hull submitted by Undersecretary Stettinius, Chairman of the United State's delegation to the Dumbarton Oaks conference:
I take great pleasure in submitting to you the results of the exploratory conversations on international organization held in Washington between representatives of the Governments of the United States, the United Kingdom, the Soviet Union and China.
The first phase of the conversations, between representatives of the United States, the United Kingdom, and the Soviet Union, took place from Aug. 21 to Sept. 28; the second phase, between representatives of the United States, the United Kingdom, and China, were held from Sept. 29 to Oct. 7. The results of the work accomplished in both phases are embodied in the attached proposals which each of the four delegations is transmitting to its respective government as the unanimously agreed recommendations of the four delegations.
I am happy to report that the conversations throughout were characterized by a spirit of complete cooperation and great cordiality among all participants, the proof of which is evident in the wide area of agreement covered in the proposals. The few questions which remain for further consideration, though important, are not in any sense insuperable, and I recommend that the necessary steps for obtaining agreement on these points be taken as soon as possible.
Agreement Sought by All
It is proper to emphasize, at the conclusion of these preliminary conversations, that the proposals as they are now submitted to the four governments comprise substantial contributions from each of the delegations. It is my own view, which I believe is shared by all the participants, that the agreed proposals constitute an advance over the tentative and preliminary proposals presented by each delegation. This has resulted from a single-minded effort of all the delegations at Dumbarton Oaks to reach a common understanding as to the most effective international organization capable of fulfilling the hopes of all peoples everywhere.
I wish to take this opportunity to express my grateful recognition of the contribution to the successful outcome of these conversations made by the members of the American delegation and to commend the advisers and the staff for their most helpful assistance. Above all, I wish to express my profound appreciation to the President and to you, Mr. Secretary, for the constant advice and guidance, without which our work could not have been accomplished with such constructive and satisfactory results.
STATE DEPARTMENT NOTE
The State Department's prefatory note and the statement of tentative proposals for an international security organization:
The Government of the United States has now received the report of its delegation to the conversations held in Washington between Aug. 21-Oct. 7, 1944, with the delegations of the United Kingdom, the Union of Soviet Socialist Republics and the Republic of China on the subject of an international organization for the maintenance of peace and security.
There is annexed hereto a statement of tentative proposals indicating in detail the wide range of subjects on which agreement has been reached at the conversations.
The Governments which were represented in the discussions in Washington have agreed that after further study of these proposals they will as soon as possible take the necessary steps with a view to the preparation of complete proposals which could then serve as a basis of discussion at a full United Nations conference.
Proposals for the Establishment of a General International Organization
There should be established an international organization under the title of the United Nations, the charter of which should contain provisions necessary to give effect to the proposals which follow.
The purposes of the organization should be:
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 the suppression of acts of aggression or other breaches of the peace and to bring about by peaceful means adjustment or settlement of international disputes which may lead to a breach of the peace;
2. To develop friendly relations among nations and to take other appropriate measures to strengthen universal peace;
3. To achieve international cooperation in the solution of international economic, social and other humanitarian problems; and
4. To afford a center for harmonizing the actions of nations in the achievement of these common ends.
In pursuit of the purposes mentioned in Chapter I the organization and its members should act in accordance with the following principles:
1. The organization is based on the principle of the sovereign equality of all peace-loving states.
2. All members of the organization undertake, in order to insure to all of them the rights and benefits resulting from membership in the organization, to fulfill the obligations assumed by them in accordance with the charter.
3. All members of the organization shall settle their disputes by peaceful means in such a manner that international peace and security are not endangered.
4. All members of the organization shall refrain in their international relations from the threat or use of force in any manner inconsistent with the purposes of the organization.
5. All members of the organization shall give every assistance to the organization in any action undertaken by it in accordance with the provisions of the Charter.
6. All members of the organization shall refrain from giving assistance to any state against which preventive or enforcement action is being undertaken by the organization.
The organization should insure that states not members of the organization act in accordance with these principles so far as may be necessary for the maintenance of international peace and security.
1. Membership of the organization should be open to all peace-loving states.
Chapter IV—Principal Organs
1. The organization should have as its principal organs:
A. A General Assembly;
B. A Security Council;
C. An International Court of Justice; and
D. A Secretariat.
2. The organization should have such subsidiary agencies as may be found necessary.
Chapter V—The General Assembly
All members of the organization should be members of the General Assembly and should have a number of representatives to be specified in the charter.
Section B—Functions and Powers
1. The General Assembly should have the right to consider the general principles of cooperation in the maintenance of international peace and security, including the principles governing disarmament and the regulation of armaments; to discuss any questions relating to the maintenance of international peace and security brought before it by any member or members of the organization or by the Security Council; and to make recommendations with regard to any such principles or questions. Any such questions on which action is necessary should be referred to the Security Council by the General Assembly either before or after discussion. The General Assembly should not on its own initiative make recommendations on any matter relating to the maintenance of international peace and security which is being dealt with by the Security Council.
2. The General Assembly should be empowered to admit new members to the organization upon recommendation of the Security Council.
3. The General Assembly should, upon recommendation of the Security Council, be empowered to suspend from the exercise of any rights or privileges of membership any member of the organization against which preventive or enforcement action shall have been taken by the Security Council. The exercise of the rights and privileges thus suspended may be restored by decision of the Security Council. The General Assembly should be empowered, upon recommendation of the Security Council, to expel from the organization any member of the organization which persistently violates the principles contained in the Charter.
4. The General Assembly should elect the non-permanent members of the Security Council and the members of the Economic and Social Council provided for in Chapter IX It should be empowered to elect, upon recommendation ofthe Security Council, the secretary-general of the organization. It should perform such functions in relation to the election of the judges of the International Court of Justice as may be conferred upon it by the statute of the court.
5. The General Assembly should apportion the expenses among the members of the organization and should be empowered to approve the budgets of the organization.
6. The General Assembly should initiate studies and make recommendations for the purpose of promoting international cooperation in political, economic and social fields and of adjusting situations likely to impair the general welfare.
7. The General Assembly should make recommendations for the coordination of the policies of international economic, social and other specialized agencies brought into relation with the organization in accordance with agreements between such agencies and the organization.
8. The General Assembly should receive and consider annual and special reports from the Security Council and reports from other bodies of the organization.
1. Each member of the organization should have one vote in the General Assembly.
2. Important decisions of the General Assembly, including recommendations with respect to the maintenance of international peace and security; election of members of the Security Council; election of members of the Economic and Social Council; admission of members, suspension of the exercise of the rights and privileges of members, and expulsion of members; and budgetary questions should be made by a two-thirds majority of those present and voting. On other questions, including the determination of additional categories of questions to be decided by a two-thirds majority, the decisions of the General Assembly should be made by a simple majority vote.
1. The General Assembly should meet in regular annual sessions and in such special sessions as occasion may require.
2. The General Assembly should adopt its own rules of procedure and elect its president for each session.
3. The General Assembly should be empowered to set up such bodies and agencies as it may deem necessary for the performance of its functions.
Chapter VI—The Security Council
The Security Council should consist of one representative of each of eleven members of the organization. Representatives of the United States of America, the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics, the Republic of China and, in due course, France, should have permanent seats. The General Assembly should elect six States to fill the non-permanent seats. These six States should be elected for a term of two years, three retiring each year. They should not be immediately eligible for re-election. In the first election of the non-permanent members three should be chosen by the General Assembly for one-year terms and three for two-year terms.
Section B-Principal Functions and Powers
1. In order to ensure prompt and effective action by the organization, members of the organization should by the Charter confer on the Security Council primary responsibility for the maintenance of international peace and security and should agree that in carrying out these duties under this responsibility it should act on their behalf.
2. In discharging these duties the Security Council should act in accordance with the purposes and principles of the organization.
3. The specific powers conferred on the Security Council in order to carry out these duties are laid down in Chapter VIII.
4. All members of the organization should obligate themselves to accept the decisions of the Security Council and to carry them out in accordance with the provisions of the Charter.
5. In order to promote the establishment and maintenance of international peace and security with the least diversion of the world's human and economic resources for armaments, the Security Council, with the assistance of the military staff committee referred to in Chapter VIII, Section B, Paragraph 9, should have the responsibility for formulating plans for the establishments of a system of regulation of armaments for submission to the members of the organization.
Note: The question of voting procedure in the Security Council is still under consideration.
1. The Security Council should be so organized as to be able to function continuously and each State member of the Security Council should be permanently represented at the headquarters of the organization. It may hold meetings at such other places as in its judgment may best facilitate its work. There should be periodic meetings at which each State member of the Security Council could if it so desired be represented by a member of the government or some other special representative.
2. The Security Council should be empowered to set up such bodies or agencies as it may deem necessary for the performance of its functions including regional subcommittees of the military staff committee.
3. The Security Council should adopt its own rules of procedure, including the method of selecting its president.
4. Any member of the organization should participate in the discussion of any question brought before the Security Council whenever the Security Council considers that the interests of that member of the organization are specially affected.
5. Any member of the organization not having a seat on the Security Council and any State not a member of the organization, if it is a party to a dispute under consideration by the Security Council, should be invited to participate in the discussion relating to the dispute.
Chapter VII—An International Court of Justice
1. There should be an International Court of Justice which should constitute the principal judicial organ of the organization.
2. The Court should be constituted and should function in accordance with a statute which should be annexed to and be a part of the charter of the organization.
3. The statute of the Court of International Justice should be either (a) the statute of the Permanent Court of International Justice, continued in force with such modifications as may be desirable or (b) a new statute in the preparation of which the statute of the Permanent Court of International Justice should be used as a basis.
4. All members of the organization should ipso facto be parties to the statute of the International Court of Justice.
5. Conditions under which States not members of theorganization may become parties to the statute of the International Court of Justice should be determined in each case by the General Assembly upon recommendation of the Security Council.
Chapter VIII—Arrangements for the Maintenance of International Peace and Security, Including Prevention and Suppression of Aggression
Section A—Pacific Settlement of Disputes
1. The Security Council should be empowered to investigate any dispute or any situation which may lead to international friction or give rise to a dispute in order to determine whether its continuance is likely to endanger the maintenance of international peace and security.
2. Any State, whether member of the organization or not, may bring any such dispute or situation to the attention of the General Assembly or of the Security Council.
3. The parties to any dispute the continuance of which is likely to endanger the maintenance of international peace and security should obligate themselves, first of all, to seek a solution by negotiation, mediation, conciliation, arbitration or judicial settlement or other peaceful means of their own choice. The Security Council should call upon the parties to settle their dispute by such means.
4. If, nevertheless, parties to a dispute of the nature referred to in Paragraph 3 above fail to settle it by the means indicated in that paragraph they should obligate themselves to refer it to the Security Council. The Security Council should, in each case, decide whether or not the continuance of the particular dispute is in fact likely to endanger the maintenance of international peace and security and, accordingly, whether it should take action under Paragraph 5.
5. The Security Council should be empowered at any stage of a dispute of the nature referred to in Paragraph 3 above, to recommend appropriate procedures or methods of adjustment.
6. Justiciable disputes should normally be referred to the International Court of Justice. The Security Council should be empowered to refer to the Court, for advice, legal questions connected with other disputes.
7. The provisions of Paragraph 1 to 6 of Section A should not apply to situations or disputes arising out of matters which by international law are solely within the domestic jurisdiction of the State concerned.
Section B—Determination of Threats to the Peace or Acts of Aggression and Action with Respect Thereto
1. Should the Security Council deem that a failure to settle a dispute in accordance with procedures indicated in Paragraph 3 of Section A, or in accordance with its recommendations made under Paragraph 5 of Section A, constitutes a threat to the maintenance of international peace and security, it should take any measures necessary for the maintenance of international peace and security in accordance with the purposes and principles of the organization.
2. In general the Security Council should determine the existence of any threat to the peace, breach of the peace or act of aggression and should make recommendations or decide upon the measures to be taken to maintain or restore peace and security.
3. The Security Council should be empowered to determine what diplomatic, economic, or other measures not involving the use of armed force should be employed to give effect to its decisions, and to call upon members of the organization to apply such measures. Such measures may include complete or partial interruption of rail, sea, air, postal, telegraphic, radio and other means of communication and the severance of diplomatic and economic relations.
4. Should the Security Council consider such measures to be inadequate, it should be empowered to take such action by air, naval or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade and other operations by air, sea or land forces of members of the organization.
5. In order that all members of the organization should contribute to the maintenance of international peace and security, they should undertake to make available to the Security Council, on its call and in accordance with a special agreement or agreements concluded among themselves, armed forces, facilities and assistance necessary for the purpose of maintaining international peace and security. Such agreement or agreements should govern the numbers and types of forces and the nature of the facilities and assistance to be provided. The special agreement or agreements should be negotiated as soon as possible and should in each case be subject to approval by the Security Council and to ratification by the signatory States in accordance with their constitutional processes.
6. In order to enable urgent military measures to be taken by the organization there should be held immediately available by the members of the organization national air force contingents for combined international enforcement action. The strength and degree of readiness of these contingents and plans for their combined action should be determined by the Security Council with the assistance of the Military Staff Committee within the limits laid down in the special agreement or agreements referred to in Paragraph 5 above.
7. The action required to carry out the decisions of the Security Council for the maintenance of international peace and security should be taken by all the members of the organization in cooperation or by some of them as the Security Council may determine. This undertaking should be carried out by the members of the organization by their own action and through action of the appropriate specialized organizations and agencies of which they are members.
8. Plans for the application of armed force should be made by the Security Council with the assistance of the Military Staff Committee referred to in Paragraph 9 below.
9. There should be established a Military Staff Committee the functions of which should be to advise and assist the Security Council on all questions relating to the Security Council's military requirements for the maintenance of international peace and security, to the employment and command of forces placed at its disposal, to the regulation of armaments, and to possible disarmament. It should be responsible under the Security Council for the strategic direction of any armed forces placed at the disposal of the Security Council The committee should be composed of the Chiefs of Staff of the permanent members of the Security Council or their representatives. Any member of the organization not permanently represented on the committee should be invited by the committee to be associated with it when the efficient discharge of the committee's responsibilities requires that sucha State should participate in its work. Questions of command of forces should be worked out subsequently.
10. The members of the organization should join in affording mutual assistance in carrying out the measures decided upon by the Security Council.
11. Any State, whether a member of the organization or not, which finds itself confronted with special economic problems arising from the carrying out of measures which have been decided upon by the Security Council should havethe right to consult the Security Council in regard to a solution of those problems.
Section C—Regional Arrangements
1. Nothing in the Chapter should preclude this existence of regional arrangements or agencies for dealing with such matters relating to the maintenance of international peace and security as are appropriate for regional action, provided such arrangements or agencies and their activities are consistent with the purposes and principles of the organization. The Security Council should encourage settlement of local disputes through such regional arrangements or by such regional agencies, either on the initiative of the States concerned or by reference from the Security Council.
2. The Security Council should, where appropriate, utilize such arrangements or agencies for enforcement action under its authority, but no enforcement action should be taken under regional arrangements or by regional agencies without the authorization of the Security Council.
3. The Security Council should at all times be kept fully informed of activities undertaken or in contemplation under regional arrangements or by regional agencies for the maintenance of international peace and security.
Chapter IX—Arrangements for International Economic and Social Cooperation
Section A—Purpose and Relationships
1. With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations, the organization should facilitate solutions of international economic, social and other humanitarian problems and promote respect for humane rights and fundamental freedoms. Responsibility for the discharge of this function should be vested in the General Assembly and, under the authority of the General Assembly, in an Economic and Social Council.
2. The various specialized economic, social and other organizations and agencies would have responsibilities in their respective fields as defined in their statutes. Each such organization or agency should be brought into relationship with the organization on terms to be determined by agreement between the Economic and Social Council and the appropriate authorities of the specialized organization or agency, subject to approval by the General Assembly.
Section B—Composition and Voting
The Economic and Social Council should consist of representatives of eighteen members of the organization. The States to be represented for this purpose should be elected by the General Assembly for terms of three years. Each such State should have one representative, who should have one vote. Decisions of the Economic and Social Council should be taken by simple majority vote of those present and voting.
Section C—Functions and Powers of the Economic and Social Council
1. The Economic and Social Council should be empowered :
a. To carry out, within the scope of its functions, recommendations of the General Assembly;
b. To make recommendations, on its own initiative, with respect to international economic, social and other humanitarian matters;
c. To receive and consider reports from the economic, social and other organizations or agencies brought into relationship with the organization, and to coordinate theiractivities through consultations with, and recommendations to, such organizations or agencies;
d. To examine the administrative budgets of such specialized organizations or agencies with a view to making recommendations to the organizations or agencies concerned;
e. To enable the Secretary-General to provide information to the Security Council;
f. To assist the Security Council upon its request; and
g. To perform such other functions within the general scope of its competence as may be assigned to it by the General Assembly.
Section D—Organization and Procedure
ft The Economic and Social Council should set up an economic commission, a social commission, and such other commissions as may be required. These commissions should consist of experts. There should be a permanent staff which should constitute a part of the secretariat of the organization.
2. The Economic and Social Council should make suitable arrangements for representatives of the specialized organizations or agencies to participate without vote in its deliberations and in those of the commissions established by it.
3. The Economic and Social Council should adopt its own rules of procedure and the method of selecting its president,
Chapter X—The Secretariat
1. There should be a secretariat comprising a secretary-general and such staff as may be required. The secretary-general should be the chief administrative officer of the organization. He should be elected by the General Assembly, on recommendation of the Security Council, for such term and under such conditions as are specified in the Charter.
2. The secretary-general should act in that capacity in all meetings of the General Assembly, of the Security Council and of the Economic and Social Council and should make an annual report to the General Assembly on the work of the organization.
3. The secretary-general should have the right to bring to the attention of the Security Council any matter which in his opinion may threaten international peace and security.
Amendments should come into force for all members of the organization 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 process by the members of the organization having permanent membership on the Security Council and by a majority of the other members of the organization.
Chapter XII—Transitional Arrangements
1. Pending the coming into force of the special agreement or agreements referred to in Chapter VIII, Section B, Paragraph 5, and in accordance with the provisions of Paragraph 5 of the four-nation declaration signed at Moscow Oct. 30, 1943, the States parties to that declaration should consul with one another, and as occasion arises with other members of the organization, with a view to such joint action on behalf of the organization as may be necessary for the purpose of maintaining international peace and security.
2. No provision of the Charter should preclude action taken or authorized in relation to enemy States as a result of the present war by the governments having responsibility for such action.
Note: In addition to the question of voting procedure in the Security Council referred to in Chapter VI, several other questions are still under consideration.