Chapter XVIII Of The UN Charter
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Chapter XVIII Of The UN Charter
Chapter XVIII of the United Nations Charter deals with amendments. The process is essentially modeled after the amendment process for the United States Constitution in that: *A two-thirds supermajority is required for adoption; *Ratification by a supermajority of the respective states is required; *There are two methods of proposing amendments; *The more common of those methods is for the "first branch" (in the case of the UN, the General Assembly) to submit an amendment to the states; *Another method, not actually used in practice, is to call a convention to propose amendments. *The amendment procedure itself contains a provision that does not allow states (in the case of the UN, the permanent five members of the UN Security Council) to be deprived of their suffrage (in this case, their veto and/or permanent UNSC membership) without their consent. (This is analogous to the entrenched clause contained in Article Five of the United States Constitution). There have been several amend ...
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United Nations Charter
The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the Secretariat, the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, and the Trusteeship Council. The UN Charter mandates the UN and its member states to maintain international peace and security, uphold international law, achieve "higher standards of living" for their citizens, address "economic, social, health, and related problems", and promote "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion". As a charter and constituent treaty, its rules and obligations are binding on all members and supersede those of other treaties. During the Second World War, the Allies— formally known a ...
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United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government of the United States, federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral United States Congress, Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the United States, Supreme C ...
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Supermajority
A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority rules in a democracy can help to prevent a majority from eroding fundamental rights of a minority, but they can also hamper efforts to respond to problems and encourage corrupt compromises in the times action is taken. Changes to constitutions, especially those with entrenched clauses, commonly require supermajority support in a legislature. Parliamentary procedure requires that any action of a deliberative assembly that may alter the rights of a minority have a supermajority requirement, such as a two-thirds vote. Related concepts regarding alternatives to the majority vote requirement include a majority of the entire membership and a majority of the fixed membership. A supermajority can also be specified based on the entire membership or f ...
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UN Security Council
The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, and approving any changes to the UN Charter. Its powers include establishing peacekeeping operations, enacting international sanctions, and authorizing military action. The UNSC is the only UN body with the authority to issue binding resolutions on member states. Like the UN as a whole, the Security Council was created after World War II to address the failings of the League of Nations in maintaining world peace. It held its first session on 17 January 1946 but was largely paralyzed in the following decades by the Cold War between the United States and the Soviet Union (and their allies). Nevertheless, it authorized military interventions in the Korean War and the Congo Crisis and peacekeeping missions in Cyprus, West New Guinea, and the Si ...
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Entrenched Clause
An entrenched clause or entrenchment clause of a constitution is a provision that makes certain amendments either more difficult or impossible to pass. Overriding an entrenched clause may require a supermajority, a referendum, or the consent of the minority party. The term eternity clause is used in a similar manner in the constitutions of Constitution of Brazil, Brazil, the Constitution of the Czech Republic, Czech Republic, Constitution of Germany, Germany, Constitution of Greece, Greece, Constitution of India, India, Constitution of the Islamic Republic of Iran, Iran, Constitution of Italy, Italy, Constitution of Morocco, Morocco, Constitution of Norway, Norway, and Constitution of Turkey, Turkey, but specifically applies to an entrenched clause that can never be overridden. However, if a constitution provides for a mechanism of its own abolishment or replacement, like the German Basic Law does in Article 146, this by necessity provides a "back door" for getting rid of the "eterni ...
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Article Five Of The United States Constitution
Article Five of the United States Constitution describes the process for altering the Constitution. Under Article Five, the process to alter the Constitution consists of proposing an amendment or amendments, and subsequent ratification. Amendments may be proposed either by the Congress with a two-thirds vote in both the House of Representatives and the Senate; or by a convention to propose amendments called by Congress at the request of two-thirds of the state legislatures. To become part of the Constitution, an amendment must then be ratified by either—as determined by Congress—the legislatures of three-quarters of the states or by ratifying conventions conducted in three-quarters of the states, a process utilized only once thus far in American history with the 1933 ratification of the Twenty-First Amendment. The vote of each state (to either ratify or reject a proposed amendment) carries equal weight, regardless of a state's population or length of time in the Union. Ar ...
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Amendments To The United Nations Charter
Amendments to the United Nations Charter can be made by a procedure set out in Chapter XVIII of the UN Charter. The UN Charter has been amended five times since 1945. Amendment process Article 108 provides: Amendments to the present Charter shall come into force for all Members of the United Nations when they have been adopted by a vote of two thirds of the members of the General Assembly and ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations, including all the permanent members of the Security Council. Because Charter amendments require the consent of all five permanent members of the United Nations Security Council—defined in Article 23 of the Charter as "The Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States"—it is impossible for other UN member states to force the permanent five to give up their S ...
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League Of Nations
The League of Nations (french: link=no, Société des Nations ) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference that ended the First World War. The main organization ceased operations on 20 April 1946 but many of its components were relocated into the new United Nations. The League's primary goals were stated in its Covenant. They included preventing wars through collective security and disarmament and settling international disputes through negotiation and arbitration. Its other concerns included labour conditions, just treatment of native inhabitants, human and drug trafficking, the arms trade, global health, prisoners of war, and protection of minorities in Europe. The Covenant of the League of Nations was signed on 28 June 1919 as Part I of the Treaty of Versailles, and it became effective together with the rest of the Treaty on 10 January 1920. T ...
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Covenant Of The League Of Nations
The Covenant of the League of Nations was the charter of the League of Nations. It was signed on 28 June 1919 as Part I of the Treaty of Versailles, and became effective together with the rest of the Treaty on 10 January 1920. Creation Early drafts for a possible League of Nations began even before the end of the First World War. The London-based Bryce Group made proposals adopted by the British League of Nations Society, founded in 1915. Another group in the United States—which included Hamilton Holt and William B. Howland at the Century Association in New York City—had their own plan. This plan was largely supported by the League to Enforce Peace, an organization led by former U.S. President William Howard Taft. In December 1916, Lord Robert Cecil suggested that an official committee be set up to draft a covenant for a future league. The British committee was finally appointed in February 1918; it was led by Walter Phillimore (and became known as the Phillimore Committ ...
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