S/PV.701 Security Council

1 am deeply gratified to he able to express my complete.and abaolute agreement· with the cueful and we1l-eonsidered statement just made by ~ur President. His sober and impressive remarks relieve me of the necessity of dealing with a number of consideratiohs and my statement will therefore be al brief aa possible. ~. 1. rea1ize thatthe time has come for action, not for· debate. But our action must be thought out and taken on proper·grounds. Our responsibility is so overwhe1ming that Ifeel it my dutY soberly to put forWard a num~r of basic considerations, the first of which is concerned with the underlying significance of tbe Assembly's request to the Security Council. 10. As a member of the Ass~bly and of the Council, 1 anl well aware that the two bodies are fully autonemOU!l, although their functions are parallel. It is to them that the Charter refers, without of course disregare'ting the other organs, in its formaI provisions conceming the Organization. They·are autonomous, it is true, but it is vital to the Organization that they should ad in complete harmony and, 1 would add, with the fullest consideration and understanding on the part of the Council towards the Assembly, and on the part of the Assembly towards the Council. 11. In a matter which, according to precedent and the letter and the spirit of the Charter, calls for a decisiol1 by the Assembly and a recommendation by theCouncil; in a matter where strict interpretation of the Charter 13. 1 cannot fail to greet this circumstance of the deep~seated harmony between the Assembly, a harmony whieh must ·never because we are governed by the purposes. 1 have,·never cèased this fundamental facto 14. The Assembly, or perhaps President of the Assembly, has sent us a is not the result of hasty debate or the work of many days and unwearying effort and inflexible determination. 15. We are presented with a formula. called a political formula. Indeed, formula, but the policy does not of great principles to petty and On the contrary, it is a high policy standing, unity, huma:tity, inœnded 0rganization's integrity and ensure its purposes. It may, if you compromise. But it is a palicy fittingly apply the admirable words United States Secretaries of State early twentieth c~nturies, Elihu Raot, best settlements were those consisteq.t morality that preserved the interests settlements in which there was discrimination between victor and which the only victors were justice, peace 16. During the debates in the General Assembly had occasion to reject the pejorative trade" or "package deal ", because done is something greater than essentially different from it. necessarily implies an arbitrary selection exclusion. 17. Consequently. in the Committee on which 1 served together with my able colleagues, the representatives Netherlands, we wete never able which called for the admission first subsequently twelve, fourteen and The happy moment finally came, however, possible to agree on the admission 19. No one can condemn a policy which respects the limits set by law, the minimal requirements of legality, but which refuses to sacrifice the highest principles. of . law and the most just mIes of life and morality to dubious and dèbatable legalism. l 20. 1 argued in the Assembly-and the time has come for me to argue here-that the twenty-eight- Power proposaI which was supported by fifty-two votes in the Assembly is-and 1 affirm this with all the strength of my conviction-strictly consistent with Article 4 of the Charter. There is no need to quote that article because, like every provision of the Charter, - it is familiar to us all; but it is an essential article and one, it must be admitted, that bas required painstaking interpretation. It is couched in literary language which must be translated. into legal teI'IllSi; it uses the term " judgement" in reference not only to an existing fact, the ability of the candidates to do something, but also to a future fact, their wiIIingness to do so. The Organization must judge bath the ability and the willingness of the applicimt to carry out the obligations of the Charter. Ability is a present consideration and willingness a matter of the future. 21. What kind of judgement is this to he? Is it to he an objective judgement, a reasoned, disinterested judgement governed by moral principle and legal rules of interpretation? Oris it an absolute judgement,the judgement of an omnipotent authority, an arbitrary, discretional judgement like the actes de gouvernement of former rimes, based on reasons of State-a phrase to be avoided hecause of its tragic connotations in human history? 22. We aIl believe that this judgement was intended to be objective, disinterested, moral, not political or governed by circumstances, but based on high moral principles. 'l'hat was the view taken by the Interna- 24. 1 have suggested that if this of any arbitrary, discretional dictated by irrational, instinctive derations, if Article 4 is interpreted consistent with univetsality, because every country should and could he and, 1 would add today, loving. It is there~~re inconceivable should not he able' '""7 out its obligations. moreover, he rash '0 ~enture int~ in the hands of God and also, in destiny, in the hands of man, and acts not yet <committed, and which· we to presume will be committed, against 25. Having established mat prlnciple-and think that 1 am blinded by any because the principle is not my OWD; scientific principles-I would add svbject to rules of interpretation that are not mandatory. 26. With your pennission 1 important of them. There are which helong, one might say, to . perhaps, to eternal law. And there rules to which 1 shaH venture to attention. 27. The three ancient rules of follows. When we speak of a refers to States-we are not referring govemment. That would he an State there is a transitory and important~element-the Government, 1 might almost say divinely appointed, nation. When we speak of a should be on the nation, rather than Governments pass, but nations remain. make mistakes; they represent the oL·mortal· men hammered out on power. The nation represents veneration and affection for the young, memories perhaps repentance for great sins, cherished by aIl men, the ideal of like an inextinguishable Hame in the of men and of nations. It is the 2 A.dmission of aState to the United Art. 4), Advisory Opinion: I.C.]. Reports nt lté te, de la la :'il .é- ns le el' 29. This principle 15 linked with another: favores ampliandi, odia reslringenda~ Tha.t is a millenial principle (1 might almost &ay a bi-millenial principle, because it appears with Roman law and we are nearing the two thousandth anniversary ·of that expression human law). We have to consider actions, ability, wJlingness, that ill-defined psychological factor, peace-Ioving character of aState, which consists of fol1l.lwing aggressive policies or not considering war an instrument of intemational poliey, and we must 50 in the light of the principle: favores ampliandi, odia reslringenda. This principle has a permanent validity; is even more valid in the United Nations today than the days of U!pian, Papinianus or Cicero. ~u Js te m es le ln es 1S e, je 30. Why is that so? - Because there is an element doubt in everything human. This brings us to related principle of the henefit of the doubt, which cannot ignore, because we are politicians, and in palitics we must act in accordance with paramount, not trivial, interests, and in accordance with the dictates and etemal principles of justice. This principle has been accepted and has had an outstanding champion here the person of Mr Tsiang, whom 1 respect and admire for his outstanding contribution to the United Nations. ~s Ü IS n 1- It l, :r '- ts e e e 31. But it may he said that this is as far as principles of interpretation can go. Theseare principles of interpretation under the law of antiquity, but we are modem men. Our Organization is highest expression of the progress of modem law. Are there other principles of modern interpretation? Fortunately there are, and 1 shall refer to them briefly. :s :t 32. There are two principles of modern interpretation with which we are -directIy concerned:.. a principle ',,' ting to the nature of treaties and aprinciple ralating 33. Let me ask, what is the purpose Nations? 115 purpose is universality. an institution with universal goals and universality is the guiding light, the North elo"lY interpreter of the United Nations accept as bis guide: 34. Article 4, by its nature, its innermost he interpreted in the sense of universality. can be defeated only by definitç pwof by a direct indictment, a total condemnation delinqu.ent people. And how tragic because it would be the condemnation could never repent-an absolute condemnation, were, incomprehensible and contrary tO 35. But there is another equally important which was discovered by that great master Renan: the vital interpretation of treaties. .as there are law-treaties and contract-treaties, treaties which represent final situations Oppenheim would say-executed treaties; other treaties to he executed which are nature and which lay down the rules States. Historic precedent is sufficient pretation of executed treaties; in order treaties which keep pace with the life necessary to look at life itself, at the circumstances and the requirements of 36. We must not forget that the Charter was adopted before the atomic to interpret the Charter in the light of of the atomic age. We are not yet fully the atomic era, because we have barely atomic energy for peaceful purposes. a pre-atomic age of fear of atomic fear creates a situation we cannot ignore the Charter. Such fear creates an anxiety, logical state, which must be given expression-because human acts are indivisible-in a legal situation. us-particularly the smalIer countries-are the shadow of fear of atomic power. 3 Hans Kelsen, The Law of the United and Sons, London, 1950. 1",,," 38. Before concluding, 1 should like, earnestly and respectfully, to pres~nt some considerations-the President has already done so with the seriousness and dignity becoming his office, but 1 wish to do so because 1 have taken part in the preparation and defence of this formula together with the representative of Canada, Ml'. Martin, to whom 1 wish to paya heartfelt tribute---regarding the possible favourable and unfavourable consequences of the Security Council's vote. 39. To my mind, a favourable vote coinciding with the vote of the General Assembly would have advantages which 1 would like to emphasize, because 1 am sure they will awaken a response in your hearts. Such a vote would result, first, in the strengthening of the Charter, the completion of our Organization; secondly, in a lessening of international tension, an objective which we all have at heart. 40. In an age of deplorable retrogression, the physical signs of which strike alarm and terror in our hearts; in an age in which the language of diplomacy again seems to be taking on a tone and manner that it should never have adopted; in sucb an age, a unanimous vote of the General Assembly and a unanimous vote of the Council, taken in perfect harmony, would plainly result in a lessening of international tension. What would that give us? An international climate fayourable to the noble work of the United Nations: in the political field, a work of peace and harmony; in the economic field, a work of co-operation and assistance to under-privileged peoples who need a place in the sun; and, in the cultural field, a work of extending the bcnefits of civilizatÎon t.o aIl mankind. It would bring a breath of hope to ail mankind. 41. Let us consider the alternative possibility-a tragic one, for today is one of the days of the ancienl: Roman calendar which could be either fortunate or unfortunate. Let us suppose that it is an unfortunate day, a possibility that 1 am loath to consider. Failure would mean-it must be said-a profound crisis in the Organization. It would Mean that the Council had ignored the generous and heartfelt one might say respectful, appeal of the General Assembly. It would mean the revival in the Assembly of aU those Iegal arguments that shake the Organization to its very foundations. We weil

important moment in the life of the The Security Council has, of course, question of new Members before, but does so in the immediate knowledge of adopted by the General Assembly on 8 [A/RES/357]. In this resolution, Assembly expresses itself overwhelmingly breaking the dead-Iock and, by asking Council .. to consider, in the light opinion in favour of the widest possible of the United Nations, the pending applications eighteen countries, it indicates the lines thinks that a solution should he sought. 45. The United Kingdom delegation of the General Assembly resolution. We with respect the strenuous efforts of many aIl of which, in their different capacities, significant contribution towards the passage lution in the Assembly. In particular, to Mr. Martin, the repreaentative of Mr. Belaunde, Chainnan of the Committee Offices, from whom, as representative Council, we have just heard a moving appeal tion of this problem. We share their dead-Iœk broken. We have waited far the day when the new Membcrs, among 4i. We have a duty to do two things, as 1 see it. The first is to find a procedure, soundly based in law, by which the Security Couneil can do what it has been asked by the General Assembly to do--that is, to consider eighteen candidates which, although not named in the resolution, are well known to be the following: Albania, the Mongolian People's Republic, Jordan, Ireland, Portugal, Hungary, Italy, Autria, Romania, Bulgaria, Finland, Ceylon, Nepal, Lîbya, Cambodia, Japan, Laos and Spain. 48. The second duty is one which, in my view, lies upon each delegation preseJ1t here. It is to take into account the sentiment of the great majority of other Members-a sentiment expresserl clearly by the General Assembly-in favour of the widest possible membership of the United Nations. 4-9. My Government has never thought nf the United Nations ~ an association of like-minded States, sucb as an alliance or a coalition. Nor have we thought of the United Nations as a place from which we should exclude countries of whose political and social systems we may not approve. The Charter lays down that, in order to qualify for admission, States must be peaccloving and must be able and willing to carry out the obligations contained in the Charter. We certainly do not interpret this as meaning that we must approve of all the polieies of those countries whose applications for membership we are ready to support. It is true that Article 4 of the Charter lays down specific qualifications for membership. There is, however, nothing which prevents each Member of the United Nations from assaying the qualifications of a candidate with benevolence-and my delegation's attitude will be an attitude of the utmost limit of benevolence. 50. Secondly, 1 should point out that the International Court of Justice has given it as its opinion that a Member of the United Nations, when pronouncing itself on the admission of States to membership of the United Nations, "is not juridically entitIed to make its consent to the admission dependent on conditions not expressly provided by paragraph 1 [of Article 4- of the Charter] ".4 The Court went on to say specifically .that it was wrongto make the '1'.dmission of one Statc • Sec abO\·c, foot notc 2. 53. The purpose of my intervention at to try to point the way in which 1 think Council should deal with this question. specific procedure to propose. The lutions before the Council so far are resolutions submiüed .by the representative [S/3468 to S/3480]. These recommend of only eleven of the eighteen States which and of two which are not included. propose an arbitrary order of voting oountries. In those circumstances, 1 would he quite wrong to hegin, whenwe voting stage, by voting on the draft mitted by the representative of China. 54. We must find sorne alternative procedure, would like to suggest to members of what we should do is to adopt a procedure into account the wishes of the Assembly, bas regard to Article 4 of the Charter of the International Court of Justice.

At the the consideration of the question of the new Memhers, both by the Security Council General Assembly, is proceeding in circumstances are new and which differ considerably from have prevailed during the past few years. now real hope that the dead-Iock which the United Nations in connexion with new Memhers can at last he broken: is directIy connected with the recent international tension and the general in international relations. 56. The discussion of this question in the tical Committee and in the General Assembly that the overwhelming majority r:>f Member the United Nations support, not Qnly but also by their votes, the immediate this session of the General Assembly of the admission of the eighteen countries concerned. must note with deep satisfaction the known fact that the overwhelming majority gations to the tenth session of the General expressed the wish and determination tl1at 1 • l 60. Now that the resolution has been adopted by the Assembly and has been submitted to the Security Council, the Soviet delegation takes the same view of the question here. It takes a :6rm and undeviating stand in favour of the admission to membership of the United Nations of all the eighteen States, without any exception. 61. Qnly such a settlement of the problem by the Security Council and the General Assembly can break the dead-Iock which has prevailed with regard to the question of the admission of new Members for nine years. There is and can be no other way out of this situation. 62. In view of the geileral determination to break this dead-Iock and ta reach a sai "'lctory decision on the matter at the tenth session of the General Assembly, .. today's meeting of the Security Council has a special significance. It should mark the turning point in the settlement of this long outstanding problem. 63. The mcmbers of. the Security Council are weIl aware of the'appeal which was addressed. to them' by 68. The Soviet delegation considers order to ensure the implementation Assembly's decision on the applications States, that the Security Couneil Assembly should act in concert on the dance with a definite plan. 69. Both the Security Couneil Assembly should examine and vote on in the order in which they were submitted Nations, that is, in accordance with chronological order. 70. The meetings of the Security General Assembly at which the applications dered could be held simultaneously. Couneil would consider the· application 72. The Soviet delegation therefore lowing cIraft resolution: " The Securit'Y Council~ "Bearing in mind General Assembly A/RES/357 of 8 Deeember 1955 on the of new Members to the United Nations, resolution admission .. 1. Resolves to examine the applications for admission to the United Nations of the eighteen States referred to in the said General Assembly resolution in the ehronological order in which these applications are received, hearing in mind that the Council will take a separate decision on each application and will begin to consider eaeh application after the Genera! Assembly bas completed its consideration of the Security Council's recommendation on the preceding application; .. 2. Authorkes the President of the Security Couneil to reach agreement with the President of the General Assembly on the above-mentioned procedure for the examination of applications."5 73. 1 should like to add that, for the reasons l have just explained, the Soviet delegation will submit to the Council draft ~solutions on the admission of aIl the aforementioned eighteen States. The drafts are heing transmitted to the Seeretariat.8

Since l know that 1 do not have the gift of eloquence, 1 shall be very simple and brief in my intervention. 75. 1 wish, first of aIl, to thank the representative of Pero for bis very complimentary reference to me personally. 76. The President's opening remarks were not as impartial as statements from the Chair should he. l would not be frank if 1 did not make that statement right away. l will not go into details at this point, because l do not have the written text of the President's statement before me. l will simply say that my impression. was that the President had departed from objective impartiality. • This draft resolution was subsequently reproduced as document 8/3483. 6 These· draft resolution were subsequently reproduced as documents 8/3484 to 8/3501. 79. The representative of the referred to the thirteen draft resolutions gation has had the honour.of Council. 1 think that a few may serve a good purpose at this 80. In the fust place, 1 attach no ta the number of draft resolutions The members of the Council certainly in dealing with this matter, it has them ta sponsor such applications from the point of view of sentiment of view of interest, right and advantageous. my delegation anticipates that other Council will sponsor other applications, to give such other draft resolutions sympathetic consideration. So, derstanding, 1 would say that 1 had ever, in submitting the thirteen draft the Council at this time should thirteen particular drafts.. .81. In the second place, my delegation partîcular meaning ta the arder in these draft resolutions. 1 have given lution an alphabetical notation, which for convenience in future reference. arder in which 1 submitted those draft a bad arder. 1 feel that such nations and Spain should come at the top not insist on that arder in my draft members of the Council should with regard to these thirteen draft a perfectIy open mirid. 82. There is another point on should like ta make clear. If Council will look over the records 84. To sum up our approach to this problem, l say that my delegation realizes that this is a serious problem. l will not go into the origins of this problem or into the responsibilities for the awful dead·lock facing the United Nations today. But we are here, have this problem, we have this dead-Iock and we trying to get out, of it. In aIl our efforts to deal with the problem, my delegation will he found willing ready to oo-operate with other members of the Council to the utmost~ within the liniits of the Charter. es ~u ût lt.

In statement hefore the Ad Hoc Political Committee [31st meeting], l said that the United States would guided by three basic principles on the question admission of new members: first, to bring into membérship aIl qualified States which apply; secondly, follow the provisions of the Charter as to judging qualifications cf applicants; and thirdly, to avoid thwarting the will of a qualified majorit}r by use in Security Council of the veto. We shaIl he guided the same basic considerations in the Security Council. ciai ute er ~s, rd la es et ce 1 à Lis je 86. Consistent with the foregoing principles, we shalI continue to seek the admission of aIl qualified States which have applied. They would be Members already if the great majority had had its way.- Only the Soviet veto, or threat of veto, bas barred them. ~il es le a m ut Ile 87. There are six European applicants clearly qualified for membership namely, Austria, Finland, lreland, ltaly, Portugal and Spain. There are seven Asian-African applicants whose membership was recommended by Bandung Conference for present admission namely, Cambodia, Ceylon, Japan, Jordan, Laos, Libya Nepal. These also are equally clearly qualified. these thirteen applicants we support. (les nt es .à. re n- 88. We believe that there are other qualified applicants. For ,example, we do not believe that Republic of Korea should be barred from membership Si IX te 90. The United States recognizes, issues before us are those about honest difference of opinion. Forthis others, it is not our intention to Securify Council to thwart what qualified majority. 91. Should draft' resolutions on before the Security Council which, involve infractions of the Charter, dance with the spirit of the which passed the United States from voting, so as not to exercise this question of admissions. 92. We earnestly hope that discussion will come the admission States whose exclusion clearly violates whose presence mnong us will wisdom of our counsels and to the authority which is exercised by '93. The PRESIDENT: 1 now representative of NEW ZEALAND. 94. The New Zealand delegation resolution adopted by the General cember, and its position on the question of new is therefore clear and unequivocal. favour of the immediate admission Albania, the Mongolian People's Ireland, Portugal, Hungary, ltaly, Bulgaria, Finland, Ceylon, Nepal, Japan, Laos and Spain. 95. In voting for the General fifty-two States expressed themselves solution of the membership problem. restate the reasons why New Zealand it did in the General Assembly. reasons fully to the Ad Hoc [26th meeting]. 1 am bound, objection that has been raised in the solution advocated by the objection that, in advocating that some way violating the Charter, Article 4. That is not a charge disregard. If it were true, my be a party to these proceedings. that it is true. les sur ions 10US l de >rité >jets qui, lOUS t de énat veto ente iont otre L la rale vais : la des ~Ré· de ~ et . de ;pulde, ,nie, :, le , , ~neette aux lUes blée la mt, ont lIée, ute : 4. "Having considered separately the applications for mer!:Jership of Albania, the Mongolian People's Republic, Jordan, Ireiand, Portugal, Hungary, Austria, Romania, Bulgaria, Finland, Ceylon, Nepal, Libya, Cambodia, Japan, Laos and Spain, "Recommends to the General Assembly admission of the above-named countnes." 7 ~ur rait pas 1 This draft l'esolution was. subsequent1y reproduced document 8/3502. i: ".;! f i ;~ 107. Mr. LODGE (United States 1 should like to ask a question concerning resolution submitted by New Zea!and lOB. 1 have the followingunderstanding of the proposaI .which the President, speaking as representative Zealand, has made: the draft resolution on paragraph by paragraph, and, as graph heginning with the words "Having separate votes will he taken on each listed, prior w the vote on the paragraph and on the draft resolution as a whole. û'1e President, as representative' ôf whether that understanding is correct. 109~ The PRESIDENT: In my capacity sentative of. NEW ZEALAND, 1 wish United States representative that the question is: yes; 110. Mr. LODGE (United States of answer is quite satisfactory. 111. Mr. ALPHAND. (France). French): The" position of the French been explained on many occasions. been in favour of the principle of universality implicitly, one of the corner-stones of our Charter. are very anxious that most of the States applied for membership should he admitted, not consider thatwe should sacrifice and this wish the rules which are explicitly in the Charter and which 1 recalled before Assembly a few days ago [552nd meeting]. 114. After these, our immediate neighbours, 1 should like to refer in a spirit of particu1ar sympathy to Cambodia and Laos, with' which we are linked by bonds of law and affection and whose applications we ourselves submitted. 1 hope that, in·the near future, circumstances will also allow Viet-Nam, with which we have similar relations, to be admitted into our midst. 1 should also like to mention Finland, which has shown such a high sense of freedom and independence, and Japan, Ceylon and Nepal, which, 1 am sure, will all make a useful contribution to our work. We shall aIso welcome Jordan and Libya, two young States to which our Organization can lend the support of its experience. 1 1 115. It is in this spirit that the French delegation agrees to support the draft resolution which the President has just read, and hopes that it will have priority.

1 would now suggest an adjow·mnent. Unelss 1 hear any objections, 1 shalI take it that it is the view of the Council that the meeting should be adjoumed. lt was so decided. ~ ~ 1

Does the representative of the Soviet Union wish to raise a point of order?

1 wish to put a question to you.

1 think that althcugh it is somewhat irregular, since the Council has in effect already adjourned, the representatives would certainly like to hear the question of the Soviet Union representative. 120. Mf. SOBOLEV (Union of Soviet Socialist Republics) (translated trom Rusnan) : The . Soviet delegatio~ would like to ask what procedure the · 21 ~......------------ The meeting rose at 1.45 A.R.P. des Petits-Fils Printed in France