ANNEX M REFERRED TO IN PARAGRAPH 1 (D) OF ARTICLE 99 SPECIAL PROVISIONS REGARDING INDIA AND PAKISTAN In view of the special circumstances arising out of the establishment as independent States of India and Pakistan, which have long constituted an economic unit, the provisions of this Charter shall not prevent the two countries from entering into special interim agreements with respect to the trade between them, pending the establishment of their reciprocal trade relations on a definitive basis. When these relations have been established, measures adopted by these countries in order to carry out definitive agreements with respect to their reciprocal trade relations, may depart from particular provisions of the Charter, provided that such measures are in general consistent with the objectives of the Charter. ANNEX N REFERRED TO IN PARAGRAPH 5 OF ARTICLE 100 SPECIAL AMENDMENT OF CHAPTER VIII Any amendment to the provisions of Chapter VIII which may be recommended by the Interim Commission for the International Trade Organization after consultation with the International Court of Justice and which relates to review by the Court of matters which arise out of the Charter but which are not already covered in Chapter VIII, shall become effective upon approval by the Conference, at its first regular session, by a vote of a majority of the Members; Provided that such amendment shall not provide for review by the Court of any economic or financial fact as established by or through the Organization; and Provided further that such amendment shall not affect the obligation of Members to accept the advisory opinion of the Court as binding on the Organization upon the points covered by such opinion; and Provided further that, if such amendment alters the obligations of Members, any Member which does not accept the amendment may withdraw from the Organization upon the expiration of sixty days from the day on which written notice of such withdrawal is received by the Director-General. ANNEX O REFERRED TO IN PARAGRAPH 1 OF ARTICLE 103 ACCEPTANCES WITHIN SIXTY DAYS OF THE FIRST REGULAR SESSION For the purpose of the first regular session of the Conference, any government which has deposited an instrument of acceptance in accordance with the provisions of paragraph 1 of Article 103 prior to the first day of the session, shall have the same right to participate in the Conference as a Member. Interpretative Notes AD ARTICLE 86 Paragraph 3 If any Member raises the question whether a measure is in fact taken directly in connection with a political matter brought before the United Nations in accordance with the provisions of Chapters IV or VI of the United Nations Charter, the responsibility for making a determination on the question shall rest with the Organization. If, however, political issues beyond the competence of the Organization are involved in making such a determination, the question shall be deemed to fall within the scope of the United Nations. Note 2 If a Member which has no direct political concern in a matter brought before the United Nations considers that a measure taken directly in connection therewith and falling within the scope of paragraph 3 of Article 86 constitutes a nullification or impairment within the terms of paragraph 1 of Article 93, it shall seek redress only by recourse to the procedures set forth in Chapter VIII of this Charter. AD ARTICLE 98 Nothing in this Article shall be construed to prejudice or prevent the operation of the provisions of paragraph 1 of Article 60 regarding the treatment to be accorded to non-participating countries under the terms of a commodity control agreement which conforms to the requirements of Chapter VI. Note 1 AD ARTICLE 104 In the case of a condominium, where the codomini are Members of the Organization, they may, if they so desire and agree, jointly accept this Charter in respect of the condominium. Note 2 Nothing in this Article shall be construed as prejudicing the rights which may have been or may be invoked by States in connection with territorial questions or disputes concerning territorial sovereignty. Part V THE INTER-AMERICAN REGIONAL SYSTEM1 58. HAVANA MEETING OF MINISTERS OF FOREIGN AFFAIRS OF THE AMERICAN REPUBLICS, JULY 21-30, 1940 2 (a) Resolution on the Peaceful solution of conflicts3 Whereas: In behalf of the closest possible unity of the continent, it is imperative that differences existing between some of the American nations be settled, The Second Meeting of the Ministers of Foreign Affairs of the American Republics Resolves: To recommend to the Governing Board of the Pan American Union that it organize, in the American capital deemed most suitable for the purpose, a committee composed of representatives of five countries, which shall have the duty of keeping constant vigilance to insure that states between which any dispute exists or may arise, of any nature whatsoever, may solve it as quickly as possible, and of suggesting, without detriment to the methods adopted by the parties or to the procedures which they may agree upon, the measures and steps which may be conducive to a settlement. The committee shall submit a report to each meeting of the ministers of foreign affairs and to each international conference of American states regarding the status of such conflicts and the steps which may have been taken to bring about a solution. 1 For documents on the earlier evolution of the Inter-American Regional System, see Carnegie Endowment for International Peace, The International Conferences of American States, 1889-1928 and First Sup plement, 1933-1940, New York, 1931, 1940; see also the following Pan American Union pamphlets: The Basic Principles of the Inter-American System, Washington, 1943, and The Inter-American System, Washington, The following table gives a brief listing of the major Inter-American Conferences: 1947. I. Periodic International Conferences of American States First-Washington, October 2, 1889-April 19, 1890. Second-Mexico City, October 22, 1901-January 22, 1902. Ninth-Bogotá, March 30-May 2, 1948. II. Special Conferences on Peace and Security Inter-American Conference for the Maintenance of Peace, Buenos Aires, December 1-23, 1936. III. Meetings of Foreign Ministers First Meeting of the Foreign Ministers of the American Republics, Panama, September 23-October 3, 1939. Second Meeting of the Foreign Ministers of the American Republics, Habana, July 21-30, 1940. Third Meeting of the Foreign Ministers of the American Republics, Rio de Janeiro, January 15-28, 1942. * Report of the Secretary of State on the Second Meeting of the Ministers of Foreign Affairs of the American Republics, Habana, July 21-30, 1940, Department of State publication 1575, Conference Series 48, p. 71. (b) Declaration on Reciprocal Assistance and Cooperation for the Defense of the Nations of the Americas 1 1 The Second Meeting of the Ministers of Foreign Affairs of the American Republics Declares: That any attempt on the part of a non-American state against the integrity or inviolability of the territory, the sovereignty or the political independence of an American state shall be considered as an act of aggression against the states which sign this declaration. In case acts of aggression are committed or should there be reason to believe that an act of aggression is being prepared by a non-American nation against the integrity or inviolability of the territory, the sovereignty or the political independence of an American nation, the nations signatory to the present declaration will consult among themselves in order to agree upon the measure it may be advisable to take. All the signatory nations, or two or more of them, according to circumstances, shall proceed to negotiate the necessary complementary agreements so as to organize cooperation for defense and the assistance that they shall lend each other in the event of aggressions such as those referred to in this declaration. 59. RIO DE JANEIRO MEETING OF THE MINISTERS OF FOREIGN AFFAIRS OF THE AMERICAN REPUBLICS, JANUARY 15-28, 1942 2 XXI (a) Declaration on Continental Solidarity in Observance of Whereas: Treaties 1. The concept of solidarity, in addition to embodying altruistic sentiments held in common, includes that of cooperation so necessary to forestall obstacles which may prejudice the maintenance of that principle, or the reestablishment of harmony when weakened or disrupted by the adoption of measures contrary to the dictates of international law and morality; 2. This solidarity must be translated into facts in order to become a living reality; since from a philosphical concept it has developed into an historic affirmation through repeated and frequent reaffirmations in international agreements freely agreed upon; 3. Respect for the pledged word in international treaties rests upon incontestable juridical principles as well as on precepts of morality in accordance with the maxim of canon law: Pacta sunt servanda; 4. Such agreements, whether bilateral or multilateral, must not be modified or nullified unilaterally, except as otherwise provided, as in the case of "denunciation" clearly authorized by the parties; 1 Report of the Secretary of State on the Second Meeting of the Ministers of Foreign Affairs of the American Republics, Habana, July 21-30. 1940, Department of State publication 1575, Conference Series 48, pp. 71-72. 2 Report on the Third Meeting of the Ministers of Foreign Affairs of the American Republics, Washington, Pan American Union (Congress and Conference Series No. 36), 1942, pp. 50-53. |