MAKING OF THE UNITED NATIONS: ATLANTIC CHARTER TO SAN FRANCISCO CONFERENCE
Prepared by
DR. AFROZ ALAM ASSISTANT PROFESSOR OF POLITICS NATIONAL LAW UNIVERSITY, ORISSA E-MAIL:
[email protected] E-MAIL:
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MAKING OF THE UNITED NATIONS: ATLANTIC CHARTER TO SAN FRANCISCO CONFERENCE Structure 4.0 Objectives 4.1 Introduction 4.2 The United Nations 4.3 The Making of United Nations 4.3.1 Atlantic Charter, 1941 4.3.2 Moscow Declaration, 1943 4.3.3 The Dumbarton Oaks Conversations, 1944 4.3.4 Yalta Conference, 1945 4.3.5 The Chapultepec Conference, 1945 4.4 The San Francisco Conference: A Formal Ground Work 4.4.1 Major Themes and Debates at San Francisco 4.5 The United Nations is Born 4.6 Let Us Sum Up 4.7 Some Useful Books
4.0 Objectives: The present chapter is intended to highlight the long historical efforts that were responsible for the creation of the United Nations. After going through this chapter you will be able to: •
know the underlying debates and controversies regarding the formation of an international organisation after World War II
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enhance your knowledge about the various conferences that created a basis for the present United Nations
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develop an insight on the making of the UN
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4.1 Introduction: Introduction: Although the League of Nations did enjoy some remarkable political success in the 1920s, the increasing economic strife and militant nationalism which characterized the 1930s led not only to the breakup of cooperation between States but also to several conflicts which could not be easily resolved. Powerful States such as Germany, Italy, and Japan left the organization, and by the time the Second World War broke out in 1939, many had abandoned the League of Nations and its unfulfilled promise of collective security, and had instead returned to the traditional system of defensive alliances and power blocs. However, the efforts of the League of Nations were not completely in vain; during the intervening war years, the Allies established plans to create a new organization, the United Nations. Signed on 26 June 1945 in San Francisco, the Charter of the United Nations came into force on 24 October 1945.
4.2 The United Nations: The United Nations (UN) is an international organization whose stated aims are to facilitate co-operation in international law, international security, economic development, social progress and human rights issues. It was founded in 1945 at the signing of the United Nations Charter by 50 countries, replacing the League of Nations, founded in 1919. The UN was founded after the end of World War II by the victorious Allied Powers in the hope that it would act to intervene in conflicts between nations and thereby avoid war. The organization's structure still reflects in some ways the circumstances of its founding. The five permanent members of the UN Security Council, each of which has veto power on any UN resolution, are the main victors of World War II or their successor states: People's Republic of China (which replaced the Republic of China), the French Republic, the Russian Federation (which replaced the Union of Soviet Socialist Republics), the United Kingdom, and the United States of America. As of 2007, there are 192 United Nations member states, encompassing almost every recognized independent state. From its headquarters in New York City, the UN and its specialized agencies decide on substantive and administrative issues in regular meetings held throughout each year. The organization is divided into administrative bodies, including
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the General Assembly, Security Council, Economic and Social Council, Secretariat, Trusteeship Council, and the International Court of Justice (ICJ). Additional bodies deal with the governance of all other UN System agencies, such as the World Health Organization (WHO) and United Nations Children's Fund (UNICEF). The UN's most visible public figure is the Secretary-General. The current Secretary-General is Ban Ki-moon of South Korea, who assumed the post on 1 January 2007.
4.3 The Making of United Nations: The UN is the result of a long history of efforts to promote international cooperation. In the late 18th century, German philosopher Immanuel Kant proposed a federation or “league” of the world’s nations. Kant believed that such a federation would allow countries to unite and punish any nation that committed an act of aggression. This type of union by nations to protect each other against an aggressor is sometimes referred to as collective security. Kant also felt that the federation would protect the rights of small nations that often become pawns in power struggles between larger countries. Kant’s idea came to life after World War I (1914-1918). Horrified by the devastation of the war, countries were inspired to come together and work toward peace. They formed a new organization, the League of Nations, to achieve that goal. The League would last from 1920 to 1946 and have a total of 63 member nations through its history, including some of the world’s greatest powers: France, the United Kingdom, Italy, Japan, Germany, and the Union of Soviet Socialist Republics. But the League had two major flaws. First, several of the world’s most powerful countries were not members, most notably, the United States. Second, League members proved unwilling to oppose aggression by Japan, Italy, and Germany in the 1930s. This aggression ultimately led to World War II (1939-1945). In the end, the League failed in its most basic mission, to prevent another world war. Despite this failure, the idea of a league did not die. The first commitment to create a new organization came in 1941, when U.S. president Franklin D. Roosevelt and British Prime Minister Winston Churchill signed the Atlantic Charter. 4.3.1 Atlantic Charter, 1941:
Atlantic Charter, joint declaration by the United States and Britain, was made and signed on August 14, 1941, by President Franklin D. Roosevelt and Prime Minister Sir Winston
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Churchill after a series of conferences aboard a warship in the North Atlantic off the coast of Newfoundland. The two leaders declared that the U.S. and Britain sought no territorial, or any other, aggrandizement from the war. They proclaimed the right of all peoples to choose their own form of government and not to have boundary changes imposed on them. The right of all nations—victors and vanquished—to have access to the earth’s natural resources was also recognized, as was the desirability of economic cooperation among nations and improved living conditions for working people. The charter expressed the hope that, after the defeat of the Nazis, all countries would be able to feel secure from aggression, and that the people of the world would be free from fear and want. It recognized the principle of freedom of the seas, expressed the conviction that humanity must renounce the use of force in international relations, and affirmed the need for disarmament after the expected Allied victory. At a conference held in Washington, D.C., on January 1, 1942, the 26 governments then at war with the Axis powers declared that they “subscribed to a common program of purposes and principles embodied in the joint declaration...known as the Atlantic Charter.” The statement embodying this adherence to the charter, called the Declaration by United Nations, was later signed by most of the free nations of the world and formed the basis of the UN organization established at San Francisco in April-June 1945. The declaration included the first formal use of the term United Nations, a name coined by President Roosevelt. 4.3.2 Moscow Declaration, 1943:
After long preparations, the foreign ministers of the three greatest of the United States, the United Kingdom, the Soviet Union, and the ambassador of China met at Moscow in October 1943 and issued a declaration declarati on popularly known known as Moscow Declaration. Declarati on. It was recognized by all four governments, for the first time, that it was essential to their own national interests and to the interests of all peace-loving nations to continue their present close collaboration and clearly pledged their efforts for the establishment of a general international organisation. The declaration points out that the four governments “recognise the necessity of establishing at the earliest practicable date a general international organization, based upon the principle of the sovereign equality of all peace-loving states, and open to membership by all such states, large and small, for the maintenance of international peace and security.” 5|Page
This most fortunate beginning of post-war planning among the United Nations was continued in the great conferences of Cairo in November 1943, which was followed by a conference at the beginning of December 1943, between Mr. Roosevelt, Mr. Churchill and Marshal Stalin in Teheran. Mr. Roosevelt and Marshal Stalin met for the first time. Definite plans for the conclusion of the war in Europe were agreed upon and the determination for close post-war collaboration was reaffirmed. From this series of declaration it is apparent that by the end of 1943 the leaders of the major powers were committed to the establishment of a post-war general international organisation. 4.3.3 The Dumbarton Oaks Conversations, 1944:
When the preparations for a new international organisation were ready for discussion by the major powers, Roosevelt called a meeting together at a large estate named Dumbarton Oaks on the edge of Washington D.C. in August 1944. The conference was divided into two parts. In the first part, the representatives of the United States and the United Kingdom would confer with the Soviet representatives, and immediately afterwards the Chinese delegates would replace the Soviet delegates for a second round of consultations. As a result of these conferences the United States, Great Britain, Russia and China announced on October 9 their proposals for the creation of an organization to take collective measures for the preservation of peace and the suppression of acts of aggression. The new association would consist of sovereign states with equal rights. There would be a General Assembly of all member states and a Security Council of eleven nations, among which the United States, Britain, Russia, China and France would be permanent members and six others, would be elected by the general assembly for two-year terms. In the General Assembly each nation should have one vote and decisions should be taken by a two-thirds majority of those present and voting. But no agreement was reached on the procedure of voting in the Security Council in the event of a charge of aggression against one of the permanent members of the council. It was reported that Russia had objected to making the Big Four subject to actions against them without their agreement. The new proposals went beyond the old League of Nations in one most important concrete element. They proposed the creation of a military staff committee to advise the Security Council on the use of force to repel aggression and to draft plans for the creation of a system 6|Page
to regulate and limit the manufacture of weapons of war. The agreement made clear that as soon as the organization is created, the member states should negotiate another agreement outlining the number and type of forces they were willing to place at the disposal of the executive council. The new agreement as compared with the old League of Nations put a much greater emphasis on the Security Council than on the Assembly. The Security Council was regarded as the heart of the new organization and it would be entrusted not only with countering actual acts of aggression but also with removing the threats to peace and with bringing about peaceful adjustment or settlement of international disputes which may lead to a breach of the peace. The council should function continuously with government representatives present at the headquarters of the new organization and should not only have a military staff committee working with it, but might also create regional military subcommittees to deal with problems arising in any part of the world. The new organization, more realistically than the old League of Nations, would try to bring the force of collective action to bear on any danger spot early rather than late and investigate any dispute and any situation which may lead to international friction, and exercise pressure to settle the dispute. The agreement stressed the need for effective and rapid action when force is necessary to oppose future aggression. On the whole the new association proposed was much more flexible than the old League of Nations. The proposals abolished the unanimity rule which previously gave all member nations the right to veto any proposed action against an aggressor. The new proposals did not guarantee the territorial integrity and political independence of all member states, nor did they obligate all member states to any automatic sanctions against aggressors. These questions were left in each case to the judgment of the Security Council in the light of the facts existing at the time of the dispute. The new organization was mainly concerned with one problem, the preservation of peace and international security. Though it provided for an international court of justice and a social economic council its main purpose was, to use the words of US Secretary of State Hull, “the establishment of an international organization capable of effectively maintaining peace and security.” As Mr. Hull pointed out, “The road to the establishment (of such an organization) 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.” As a name for the new organization the title The United Nations was 7|Page
suggested. No suggestion was made as to the seat of the new organization, but Russian circles expressed a preference for Vienna and rejected definitely Geneva which was connected for them with unpleasant memories. 4.3.4 Yalta Conference, 1945:
A number of things that had been left unfinished at the Dumbarton Oaks meeting were resolved at Yalta in the Crimea a few months later. In contrast to the Washington meeting, the Yalta meeting took place at the level of heads of state. Roosevelt, Churchill, and Stalin met at Yalta from February 4 to February 11, 1945. The conferees also agreed that the general conference on international organisation would be held at San Francisco beginning on April 25 and that United States would issue the invitations. It was agreed that the invitation would declare that the Dumbarton Oaks proposals and Yalta resolutions would serve as a basis for conference discussion. The issue of membership was essentially resolved even though some of the agreements unravelled by the time the delegates reached the San Francisco Conference in April. Trusteeship was another contentious issue at Yalta, but understanding took place. No territories were specifically designed as trust territories until after the San Francisco conference, but the three categories to which trusteeship could be applied were: 1) existing mandate under the League of Nations, 2) territories detached from the enemy as a result of the present war, and 3) any other territory voluntarily placed under trusteeship. The other issues that seemed to have been resolved at Yalta were the veto and the competency of the General Assembly. Under the present formula, unanimity of the big powers would be required on substantive matters, including any enforcement action in response to a breach or threat to the peace or act of aggression, but none of the permanent members could use the power of veto to block a procedural vote, and a party to a dispute was required to abstain on a decision by the Security Council to discuss the dispute. It was also agreed to allow the General Assembly to deal with whatever issues that arose in the international arena, including economic and social subjects. As well as the Security Council would be reserved for security issues and would be the central mandatory body on security affairs. There was also general agreement at Yalta that there ought to be an Economic and Social Council. 4.3.5 The Chapultepec Conference, 1945:
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The Inter-American Conference on Problems of War and Peace met in the Chapultepec Castle in Mexico City Feb. 21-Mar. 8, 1945. Whereas at the three preceding Conferences of the Ministers of Foreign Affairs of the American Republics held during World War II, all the American Republics had been represented, Argentina was conspicuously absent from the Mexico Conference. The Conference was convoked above all to consider the coordination of the Inter-American system with overall international organization outlined in the Dumbarton Oaks proposals and to take up social and economic problems of the Americas. In all, 61 resolutions were adopted by the Conference; those concerning continental security, the reorganization of the Inter-American system, and the so-called Economic Charter of the Americas deserve special mentioning. In a broad resolution on the subject of the establishment of a general international organisation, the conference listed several suggestions for change, including 1) stress on universality of membership, 2) amplification of the powers and role of the General Assembly, 3) expansion of the jurisdiction and competence of the International Court, 4) an expanded role for regional organisations within the general framework, and 4) adequate representation of Latin America on the Security Council. Check Your Progress 1 Note: Use the space given below for your answer. Also check your answer with the model
answer given at the end of the Unit.
Q. 1 How was the formation of the United Nations different from the League of Nations?
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Q. 2 Discuss major outlines of the Dumbarton Oaks conversations?
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4.4 The San Francisco Conference: A Formal Ground Work The San Francisco Conference, technically known as, the United Nations Conference on International Organisation (UNCIO), was to finalise the structure and language of the Charter for the new organisation, now to be called the United Nations, named after the title given to those nations that had united as allies to defeat the Axis powers. Although the previous conferences settled the preliminary ground, there were still a number of unresolved issues to be debated and resolved. President Roosevelt, who had been the energy behind the creation of the UN, would not make it to San Francisco. He died of a massive cerebral haemorrhage on April 12, 1945, only days before the conference opened on April 25, 1945. In addition to the Governments, a number of non-government organisations, including Lions Clubs International received invitations to assist in the drafting of a Charter. The 50 nations represented at the conference signed the Charter of the United Nations two months later on June 26, 1945. Poland, which had not had representation at the conference, but which had had a reserved place among the original signatories, added its name later, bringing the total of “original” signatories to 51. 4.4.1 Major Themes and Debates at San Francisco:
At San Francisco the founders had to come to agreement on the major themes and language to be used in the UN Charter. While they had agreed upon major purpose of the Organisation—to maintain international peace and security—they had to reach consensus on other points: membership in the Organisation; competency of the General Assembly and the Security Council; trusteeship; self-defence; the role of the Security Council and the power of 10 | P a g e
its members, including the use of the veto; the role of the Secretary-General the framework for the use of force by the UN; human rights; and international court of justice. Membership Immediately, the issue of membership exploded. The Latin American countries insisted that Argentina be accepted for original membership. So was the case of membership of the Ukraine and Byelorussia, and the provisional government of Poland, insisted by the Soviet Union. Finally, the membership of Argentina, Ukraine, and Byelorussia was accepted after much hue and cry and the conference proceeded. Competency of the General Assembly: The Latin Americans also emphasised the importance of enhancing and making more specific the powers of the General Assembly. It was agreed that the General Assembly could take up any matter considered important to the members, but that when the Security Council was seized with an issue, the Assembly would refrain from taking up the matter. The competency of the regional organisations, in relation to the UN, to resolve the local issue regionally was also agreed upon. Importantly, it was eventually agreed that the General Assembly would have power over the budget. Trusteeship: On the issue of trusteeship, the conference was wholly divided. Arab delegations were concerned about the status of Syria and Lebanon, which had been invited to participate in San Francisco. Both countries had been League of Nations mandates of France before the war. But with the occupation of France by the Nazis, both the countries considered themselves independent. France reacted against the proposal. Ultimately, a compromise was reached and a Trusteeship Council was created as a major organ of the UN. It was also agreed that “independence”, interchangeable with “selfgovernment” or self-determination”, was included as a goal for the trust territories. Self-Defence: Another issue that launched a heated debate was the issue of self-defence. However, the issue was also agreed upon that the states would have right to self-defence if an armed attack occurs. The Veto Debate:
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The principle that there should be a veto was settled at Yalta, but the issue opened up again in San Francisco. The controversy was surrounded not only on veto power of the five super powers, but also on the lack of clarity concerning the application of the veto in specific situations. However, the US tried to avoid discussion on the application of veto decision. The Soviet Union was very outspoken on the veto and insisted the discussion that covers veto as well. Thus, the veto became the serious issue that divided the big five. Finally, they agreed upon a consensus on their right of veto and its mode of application. On the issue of the veto, Arab delegations accepted the great powers’ need for a veto in the Security Council. The smaller countries were generally opposed to the veto. But the major powers unanimously declared that without the veto there would be no charter. The smaller countries, however, succumbed to the pressure. In the final vote on the veto, 33 nations supported it, 2 (Cuba and Colombia) voted against it, and 15 countries chose to abstain. The Role of the Secretary-General: In San Francisco, the role of Secretary-General of the UN was considered primarily an administrative position. There were number of proposals discussed on the mode of elections of the Secretary-General. It was finally settled that the General Assembly would elect the Secretary-General. The position was generally considered as a bureaucratic function. Nevertheless, the Secretary-General was given the power under Article 99 of the Charter to bring an issue to the attention of the Security Council, thus adding a political competence to the office. Today the nature of the position as global leader has evolved well beyond the original intent. The Use of Force: Clearly the founders of the UN intended for the Organisation to be able to use force to deter aggression. This was carefully delineated in Chapter VII of the Charter, specifically in Article 42. Human Rights: The Holocaust and the contempt for human rights demonstrated by the Nazi regime were fresh in the memory of the global community that gathered in San Francisco. Human rights were considered important, but the Charter was primarily focussed on collective action against the aggressor than dealing with individual suffering. The issue of the enforcement of respect for human rights was beyond the scope of the conference but most paid the moral 12 | P a g e
homage to the concept. The Latin American delegations and some forty groups representing professional, labour, business, religious, and women’s organisation strongly lobbied for the inclusion of human rights at San Francisco. Ultimately, provisions for a human rights commission were written into the Charter. Although the San Francisco conference declared the Economic and Social Council as the major organ to enlarge the economic and social activities of the UN, but its activities have been reviewed and closely scrutinised by the General Assembly. International Court of Justice: A decision to establish a new Court was made before the San Francisco conference convened. However, the statute of the Court was adopted in San Francisco as a part of the Charter. The new statute was nearly identical to that of the Permanent Court of International Justice. Nevertheless, the International Court of Justice was incorporated into the United Nations as a major organ rather than having an independent status as in League days.
4.5 The United Nations is Born: The Charter of the United Nations was signed by fifty members at San Francisco on June 26, 1945; Poland, which never arrived, was nevertheless allowed to sign as an original member in the months that followed, bringing the total of original members to fifty-one. After signing, each nation undertook through its own process to ratify the Charter. On July 28, 1945, the US Senate approved the Charter. With the Senate’s approval, President Truman signed the ratification act for the Charter. By October 24, 1945, twenty-nine countries had signed and ratified the Charter, constituting a majority of the original fifty-one signatories. October 24 continues to be celebrated as the birth date of the United Nations. On that day the United Nations was officially constituted. By December 27, 1945, all the original members had ratified the Charter. Check Your Progress 2 Note: Use the space given below for your answer. Also check your answer with the model
answer given at the end of the Unit. Q. 1 Discuss the significance of the San Francisco Conference in the formation of the
United Nations?
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----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Q. 2 Give your comment on the veto power of the major powers in Security Council.
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4.6 Let Us Sum Up: To conclude, like the League of Nations, the UN was founded to promote peace and prevent another world war. The UN recognized it would not be successful unless it had the ongoing support of the world’s most powerful countries. The organization took several steps to ensure that support. To encourage continued U.S. involvement, the UN placed its headquarters in New York City. To reassure the world’s most powerful countries that it would not threaten their sovereignty, the UN gave them veto authority over its most important actions. Five countries received this veto power: the United States, Britain, France, the Soviet Union, and China. (Russia inherited the Soviet Union’s veto after the breakup of that country in 1991.)
4.7 Some Useful Books: 14 | P a g e
1) LeRoy Bennett, International Organisations: Principles and Issues, New Jersey: Prentice Hall Inc., 1998 2) Kalpana Rajaram (ed.), International Organisations, Conferences and Treaties, New Delhi: Spectrum Books, 2005. 3) Jean E. Krasno (ed.), The United Nations: Confronting the Challenges of a Global Society, London: Lynne Rienner Publishers, 2004
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