United Nations

A/RES/50/52


General Assembly

Distr. GENERAL  
50th session
15 December 1995


Fiftieth session
Agenda item 145


                  RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

               [on the report of the Sixth Committee (A/50/642)]


            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,  1/


      Bearing in mind the reports of the Secretary-General on the work
of the Organization submitted to the General Assembly at its thirty-
seventh,  2/ thirty-ninth,  3/ fortieth,  4/ forty-first,  5/
forty-second,  6/ forty-third,  7/ forty-fourth,  8/ forty-
fifth,  9/ forty-sixth,  10/ forty-seventh,  11/ forty-
eighth,  12/ forty-ninth  13/ and fiftieth  14/ 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,  15/

      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,  16/

      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; 15/

      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,  17/ 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;  18/

      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".

                                                          87th plenary meeting
                                                              11 December 1995



                                     Notes

1/   Official Records of the General Assembly, Forty-ninth Session, Supplement
No. 47 (A/49/47).

2/   Ibid., Thirty-seventh Session, Supplement No. 1 (A/37/1).

3/   Ibid., Thirty-ninth Session, Supplement No. 1 (A/39/1).

4/   Ibid., Fortieth Session, Supplement No. 1 (A/40/1).

5/   Ibid., Forty-first Session, Supplement No. 1 (A/41/1).

6/   Ibid., Forty-second Session, Supplement No. 1 (A/42/1).

7/   Ibid., Forty-third Session, Supplement No. 1 (A/43/1).

8/   Ibid., Forty-fourth Session, Supplement No. 1 (A/44/1).

9/   Ibid., Forty-fifth Session, Supplement No. 1 (A/45/1).

10/  Ibid., Forty-sixth Session, Supplement No. 1 (A/46/1).

11/  Ibid., Forty-seventh Session, Supplement No. 1 (A/47/1).

12/  Ibid., Forty-eighth Session, Supplement No. 1 (A/48/1).

13/  Ibid., Forty-ninth Session, Supplement No. 1 (A/49/1).

14/  Ibid., Fiftieth Session, Supplement No. 1 (A/50/1).

15/  Ibid., Supplement No. 33 (A/50/33).

16/  Ibid., para. 65.

17/  A/50/361.

18/  See Official Records of the General Assembly, Fiftieth Session, Sixth
Committee, 44th meeting.

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