CHAPTER XVII-TRANSITIONAL SECURITY ARRANGEMENTS

ARTICLE 106

Pending the coming into force of such special agreements referred to in Article 43 as in the opinion of the Security Council enable it to begin the exercise of its responsibilities under Article 42, the parties to the Four-Nation Declaration, signed at Moscow, October 30 1943, and France, shall, in accordance with the provisions of paragraph 5 of that Declaration, consult with one another and as occasion requires with other Members of the United Nations 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.

ARTICLE 107

Nothing in the present Charater shall invalidate or preclude action, in relation to any state which during the Second World War has been an enemy of any signatory to the present Charter, taken or authorized as a result of that war by the Governments having responsibility for such action.

ARTICLE 111

The present Charter, of which the Chinese, French, Russian, English, and Spanish texts are equally authentic, shall remain deposited in the archives of the Government of the United States of America. Duly certified copies thereof shall be transmitted by that Government to the Governments of the other signatory states.

IN FAITH WHEREOF the representatives of the Governments of the United Nations have signed the present Charter.

DONE at the city of San Francisco the twenty-sixth day of June, one thousand nine hundred and forty-five.

27. CHARTER OF THE ORGANIZATION OF THE AMERICAN STATES APRIL 30, 1948 (EXCERPT)

In the Name of Their Peoples, the States Represented at the Ninth 1 International Conference of American States,

Convinced that the historic mission of America is to offer to ma a land of liberty, and a favorable environment for the development of his personality and the realization of his just aspirations;

Conscious that that mission has already inspired numerous agreements, whose essential value lies in the desire of the American peoples to live together in peace, and, through their mutual understanding and respect for the sovereignty of each one, to provide for the betterment of all, in independence, in equality and under law;

Confident that the true significance of American solidarity and good neighborliness can only mean the consolidation on this continent within the framework of democratic institutions, of a system ci

1 Senate Executive A, 81st Cong., 1st Sess.

individual liberty and social justice based on respect for the essential rights of man;

Persuaded that their welfare, and their contribution to the progress and the civilization of the world, will increasingly require intensive continental cooperation;

Resolved to persevere in the noble undertaking that humanity has conferred upon the United Nations, whose principles and purposes they solemnly reaffirm;

Convinced that juridical organization is a necessary condition for security and peace founded on moral order and on justice; and

In accordance with Resolution IX of the Inter-American Conference on Problems of War and Peace, held at Mexico City,

Have Agreed upon the following

CHARTER OF THE ORGANIZATION OF AMERICAN STATES

PART ONE

CHAPTER I.-NATURE AND PURPOSES

ARTICLE 1

The American States establish by this Charter the international organization that they have developed to achieve an order of peace and justice, to promote their solidarity, to strengthen their collaboration, and to defend their sovereignty, their territorial integrity and their independence. Within the United Nations, the Organization of American States is a regional agency.

ARTICLE 2

All American States that ratify the present Charter are Members of the Organization.

ARTICLE 3

Any new political entity that arises from the union of several Member States and that, as such, ratified the present Charter, shall become a Member of the Organization. The entry of the new political entity into the Organization shall result in the loss of membership of each one of the States which constitute it.

ARTICLE 4

The Organization of American States, in order to put into practice the principles on which it is founded and to fulfill its regional obligations under the Charter of the United Nations, proclaims the following essential purposes:

a) To strengthen the peace and security of the continent;

b) To prevent possible causes of difficulties and to ensure the pacific settlement of disputes that may arise among the Member States;

c) To provide for common action on the part of those States in the event of aggression;

d) To seek the solution of political, juridical and economie problems that may arise among them; and

e) To promote, by cooperative action, their economic, social, and cultural development.

CHAPTER II.-PRINCIPLES

ARTICLE 5

The American States reaffirm the following principles:

a) International law is the standard of conduct of States in their reciprocal relations;

b) International order consists essentially of respect for the personality, sovereignty, and independence of States, and the faithful fulfillment of obligations derived from treaties and other sources of international law;

c) Good faith shall govern the relations between States;

d) The solidarity of the American States and the high aims which are sought through it require the political organization of those States on the basis of the effective exercise of representative democracy;

e) The American States condemn war of aggression: victory does not give rights;

f) An act of aggression against one American State is an act of aggression against all the other American States;

g) Controversies of an international character arising between two or more American States shall be settled by peaceful procedures;

h) Social justice and social security are bases of lasting peace; i) Economic cooperation is essential to the common welfare and prosperity of peoples of the continent;

j) The American States proclaim the fundamental rights of the individual without distinction as to race, nationality, creed

or sex;

k) The spiritual unity of the continent is based on respect for the cultural values of the American countries and requires their close cooperation for the high purposes of civilization;

1) The education of peoples should be directed toward justice, freedom and peace.

CHAPTER III.-FUNDAMENTAL RIGHTS AND DUTIES OF STATES

ARTICLE 6

States are juridically equal, enjoy equal rights and equal capacity to exercise these rights, and have equal duties. The rights of each State depend not upon its power to ensure the exercise thereof, but upon the mere fact of its existence as a person under international law.

ARTICLE 7

Every American State has the duty to respect the rights enjoyed by every other State in accordance with international law.

ARTICLE 8

The fundamental rights of States may not be impaired in any manner whatsoever.

ARTICLE 9

The political existence of the State is independent of recognition by other States. Even before being recognized, the State has the right to defend its integrity and independence, to provide for its preservation and prosperity, and, consequently, to organize itself as it sees fit, to legislate concerning its interests, to administer its services, and to determine the jurisdiction and competence of its courts. The exercise of these rights is limited only by the exercise of the rights of other States in accordance with international law.

ARTICLE 10

Recognition implies that the State granting it accepts the personality of the new State, with all the rights and duties that international law prescribes for the two States.

ARTICLE 11

The right of each State to protect iself and to live its own life does not authorize it to commit unjust acts against another State.

ARTICLE 12

The jurisdiction of States within the limits of their national territory is exercised equally over all the inhabitants, whether nationals or aliens.

ARTICLE 13

Each State has the right to develop its cultural, political and economic life freely and naturally. In this free development the State shall respect the rights of the individual and the principles of universal morality.

ARTICLE 14

Respect for and the faithful observance of treaties constitute standards for the development of peaceful relations among States. International treaties and agreements should be public.

ARTICLE 15

No State or group of States has the right to intervene, directly or indirectly, for any reason whatever, in the internal or extenal affairs of any other State. The foregoing principle prohibits not only armed force but also any other form of interference or attempted threat against the personality of the State or against its political, economic, and cultural elements.

ARTICLE 16

No State may use or encourage the use of coercive measures of an economic or poltical character in order to force the sovereign will of another State and obtain from it advantages of any kind.

ARTICLE 17

The territory of a State is inviolable; it may not be the object, even temporarily, of military occupation or of other measures of force taken by another State, directly or indirectly, on any grounds whatever. No territorial acquisitions or special advantages obtained either by force or by other means of coercion shall be recognized.

ARTICLE 18

The American States bind themselves in their international relations not to have recourse to the use of force, except in the case of self-defense in accordance with existing treaties or in fulfillment thereof.

ARTICLE 19

Measures adopted for the maintenance of peace and security in accordance with existing treaties do not constitute a violation of the principles set forth in Articles 15 and 17.

CHAPTER IV.-PACIFIC SETTLEMENT OF DISPUTES

ARTICLE 20

All international disputes that may arise between American States shall be submitted to the peaceful procedures set forth in this Charter, before being referred to the Security Council of the United Nations.

ARTICLE 21

The following are peaceful procedures: direct negotiation, good offices, mediation, investigation and conciliation, judicial settlement, arbitration, and those which the parties to the dispute may especially agree upon at any time.

ARTICLE 22

In the event that a dispute arises between two or more American States which, in the opinion of one of them, cannot be settled through the usual diplomatic channels, the Parties shall agree on some other peaceful procedure that will enable them to reach a solution.

ARTICLE 23

A special treaty will establish adequate procedures for the pacific settlement of disputes and will determine the appropriate means for their application, so that no dispute between American States shall fail of definitive settlement within a reasonable period.

CHAPTER V.-COLLECTIVE SECURITY

ARTICLE 24

Every act of aggression by a State against the territorial integrity or inviolability of the territory or against the sovereignty or political independence of an American State shall be considered an act of aggression against the other American States.