United Nations

A/RES/50/52


General Assembly

Distr. GENERAL  

11 December 1995

ORIGINAL:
ENGLISH



                                                 A/RES/50/52
                                                 87th plenary meeting
                                                 11 December 1995
 
            50/52. Report of the Special Committee on the Charter of the
                   United Nations and on the Strengthening of the Role of the
                   Organization
 
      The General Assembly,
 
      Recalling its resolution 3499 (XXX) of 15 December 1975, by which it
established the Special Committee on the Charter of the United Nations and on
the Strengthening of the Role of the Organization, and its relevant
resolutions adopted at subsequent sessions,
 
      Recalling also its resolution 47/233 of 17 August 1993 on the
revitalization of the work of the General Assembly,
 
      Recalling further its resolution 47/62 of 11 December 1992 on the
question of equitable representation on and increase in the membership of the
Security Council,
 
      Bearing in mind the provisions of its resolution 50/55 of 11 December
1995,
 
      Conscious of the ongoing discussion in the open-ended working groups of
the General Assembly dealing with the various aspects of the revitalization,
strengthening and reform of the work of the United Nations,
 
      Welcoming the report of the Open-ended Working Group on the Question of
Equitable Representation on and Increase in the Membership of the Security
Council and Other Matters Related to the Security Council,
 
      Bearing in mind the reports of the Secretary-General on the work of the
Organization submitted to the General Assembly at its thirty-seventh,
thirty-ninth, fortieth, forty-first, forty-second, forty-third, forty-fourth,
forty-fifth, forty-sixth, forty-seventh, forty-eighth, forty-ninth and
fiftieth sessions, as well as the views and comments expressed on them by
Member States,
 
      Recalling the elements relevant to the work of the Special Committee
contained in its resolution 47/120 B of 20 September 1993,
 
      Mindful of the desirability for the Special Committee to carry out
further work in the fields of the maintenance of international peace and
security and the peaceful settlement of disputes between States,
 
      Recalling its resolution 49/58 of 9 December 1994,
 
      Having considered the report of the Special Committee on the work of its
session held in 1995,
 
      Taking note of the recommendation of the Special Committee on the most
appropriate legal action to be taken on the question of the deletion of the
"enemy State" clauses from Articles 53, 77 and 107 of the Charter of the
United Nations,
 
      Recognizing that, having regard to the substantial changes that have
taken place in the world, the "enemy State" clauses in Articles 53, 77 and 107
of the Charter of the United Nations have become obsolete,
 
      Noting that the States to which those clauses were directed are Members
of the United Nations and represent a valuable asset in all the endeavours of
the Organization,
 
      Taking into account the complex process involved in amending the
Charter, 
 
      1.    Takes note of the report of the Special Committee on the Charter
of the United Nations and on the Strengthening of the Role of the
Organization;
 
      2.    Decides that the Special Committee will hold its next session from
21 February to 5 March 1996;
 
      3.    Expresses its intention to initiate the procedure set out in
Article 108 of the Charter of the United Nations to amend the Charter, with
prospective effect, by the deletion of the "enemy State" clauses from Articles
53, 77 and 107 at its earliest appropriate future session;
 
      4.    Requests the Special Committee, at its session in 1996, in
accordance with the provisions of paragraph 5 below:
 
      (a)   To accord appropriate time for the consideration of all proposals
concerning the question of the maintenance of international peace and security
in all its aspects in order to strengthen the role of the United Nations and,
in this context, to consider other proposals relating to the maintenance of
international peace and security already submitted or which might be submitted
to the Special Committee at its session in 1996, including the proposal on the
strengthening of the role of the Organization and enhancing its effectiveness
and the revised proposal submitted with a view to enhancing the effectiveness
of the Security Council in regard to the maintenance of international peace
and security, and to consider recommending to the General Assembly the desired
priorities for its further consideration;
 
      (b)   To continue to consider on a priority basis the question of the
implementation of the provisions of the Charter related to assistance to third
States affected by the application of sanctions under Chapter VII of the
Charter, taking into consideration the report of the Secretary-General, the
proposals presented on this subject, the debate on this question which took
place in the Sixth Committee at the fiftieth session of the General Assembly
and, in particular, the implementation of the provisions of General Assembly
resolution 50/51 of 11 December 1995;
 
      (c)   To continue its work on the question of the peaceful settlement of
disputes between States, and in this context to continue its consideration of
proposals relating to the peaceful settlement of disputes between States,
including the proposal on the establishment of a dispute settlement service
offering or responding with its services early in disputes and those proposals
relating to the enhancement of the role of the International Court of Justice;
 
      (d)   To continue its consideration of the question of the enhancement
of cooperation between the United Nations and regional arrangements or
agencies in the maintenance of international peace and security;
 
      (e)   To consider proposals concerning the Trusteeship Council;
 
      (f)   To consider the status of the Repertory of Practice of United
Nations Organs and the Repertoire of the Practice of the Security Council;
 
      5.    Decides that the Special Committee shall henceforth be open to all
States Members of the United Nations and that it will continue to operate on
the basis of the practice of consensus;
 
      6.    Decides also that the Special Committee shall be authorized to
accept the participation of observers of States other than States Members of
the United Nations which are members of specialized agencies or of the
International Atomic Energy Agency in its meetings, and further decides to
invite intergovernmental organizations to participate in the debate in the
plenary meetings of the Committee on specific items when it considers that
such participation would assist in the work;
 
      7.    Invites the Special Committee at its session in 1996 to identify
new subjects for consideration in its future work with a view to contributing
to the revitalization of the work of the United Nations, and to discuss how to
offer its assistance to the working groups of the General Assembly in this
field;
 
      8.    Requests the Special Committee to submit a report on its work to
the General Assembly at the fifty-first session;
 
      9.    Decides to include in the provisional agenda of its fifty-first
session the item entitled "Report of the Special Committee on the Charter of
the United Nations and on the Strengthening of the Role of the Organization".