the carrying out of the terms of the treaty or convention and "to protect complying States against the hazards of violations and evasions."1

Based upon the findings of the Commission, the Commission makes the following recommendations to the Security Council with respect to certain of the matters covered by the terms of reference of the Commission, which recommendations are interdependent and not severable, embodying the fundamental principles and indicating the basic organizational mechanisms necessary to attain the objectives set forth in the General Findings, paragraph 1 (a)-(d) above.

1. There should be a strong and comprehensive international system of control and inspection aimed at attaining the objectives set forth in the Commission's terms of reference.

2. Such an international system of control and inspection should be established and its scope and functions defined by a treaty or convention in which all of the nations Members of the United Nations should be entitled to participate on fair and equitable terms.

The international system of control and inspection should become operative only when those Members of the United Nations necessary to assure its success by signing and ratifying the treaty or convention have bound themselves to accept and support it.

Consideration should be given to the matter of participation by non-members of the United Nations.

3. The treaty or convention should include, among others, provisions (a) Establishing, in the United Nations, an international control agency (hereinafter called "the agency") possessing powers and charged with responsibility necessary and appropriate for the prompt and effective discharge of the duties imposed upon it by the terms of the treaty or convention. Its rights, powers, and responsibilities, as well as its relations to the several organs of the United Nations, should be clearly established and defined by the treaty or convention. Such powers should be sufficiently broad and flexible to enable the authority to deal with new developments that may hereafter arise in the field of atomic energy. The treaty shall provide that the rule of unanimity of the permanent Members, which in certain circumstances exists in the Security Council, shall have no relation to the work of the agency. No government shall possess any right of veto over the fulfilment by the agency of the obligations imposed upon it by the treaty nor shall any government have the power, through the exercise

1 Commission's Terms of Reference, article V, Resolution of the General Assembly, Jan. 24, 1946.

of any right of veto or otherwise, to obstruct the course of control or inspection.

The agency shall promote among all nations the exchange of basic scientific information on atomic energy for peaceful ends, and shall be responsible for preventing the use of atomic energy for destructive purposes, and for the control of atomic energy to the extent necessary to insure its use only for peaceful purposes.

The agency should have positive research and developmental responsibilities in order to remain in the forefront of atomic knowledge so as to render the agency more effective in promoting the beneficial uses of atomic energy and in eliminating its destructive ones. The exclusive right to carry on atomic research for destructive purposes should be vested in the agency.

Research in nuclear physics having a direct bearing on the use of atomic energy should be subject to appropriate safeguards established by the international control agency in accordance with the treaty or convention. Such safeguards should not interfere with the prosecution of pure scientific research, or the publication of its results, provided no dangerous use or purpose is involved.

Decisions of the agency pursuant to the powers conferred upon it by the treaty or convention should govern the operations of national agencies for atomic energy. In carrying out its prescribed functions, however, the agency should interfere as little as necessary with the operations of national agencies for atomic energy, or with the economic plans and the private, corporate, and State relationships in the several countries.

(b) Affording the duly accredited representatives of the agency unimpeded rights of ingress, egress, and access for the performance of their inspections and other duties into, from, and within the territory of every participating nation, unhindered by national or local authorities.

(c) Prohibiting the manufacture, possession, and use of atomic weapons by all nations parties thereto and by all persons under their jurisdiction.

(d) Providing for the disposal of any existing stocks of atomic weapons and for the proper use of nuclear fuels adaptable for use in weapons.

(e) Specifying the means and methods of determining violations of its terms, setting forth such violations as shall constitute international crimes, and establishing the nature of the measures of enforcement and punishment to be imposed upon persons and upon nations guilty of violating the terms of the treaty or convention.

The judicial or other processes for determination of violations of the treaty or convention, and of punishments therefor, should be swift and certain. Serious violations of the treaty shall be reported imme

diately by the agency to the nations parties to the treaty, to the General Assembly, and to the Security Council. Once the violations constituting international crimes have been defined and the measures of enforcement and punishment therefor agreed to in the treaty or convention, there shall be no legal right, by veto or otherwise, whereby a wilful violator of the terms of the treaty or convention shall be protected from the consequences of violation of its terms.

The enforcement and punishment provisions of the treaty or convention would be ineffectual if, in any such situations, they could be rendered nugatory by the veto of a State which had voluntarily signed the treaty.

4. In consideration of the problem of violation of the terms of the treaty or convention, it should also be borne in mind that a violation might be of so grave a character as to give rise to the inherent right of self-defense recognized in article 51 of the Charter of the United Nations.

5. The treaty or convention should embrace the entire program for putting the international system of control and inspection into effect and should provide a schedule for the completion of the transitional process over a period of time, step by step in an orderly and agreed sequence leading to the full and effective establishment of international control of atomic energy. In order that the transition may be accomplished as rapidly as possible and with safety and equity to all, this Commission should supervise the transitional process, as prescribed in the treaty or convention, and should be empowered to determine when a particular stage or stages have been completed and subsequent ones

are to commence.

12. Charter of the United Nations

We the peoples of the United Nations determined

to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and

to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and

to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and

to promote social progress and better standards of life in larger freedom,

and for these ends

to practice tolerance and live together in peace with one another as good neighbors, and

to unite our strength to maintain international peace and security, and to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and

to employ international machinery for the promotion of the economic and social advancement of all peoples,

have resolved to combine our efforts to accomplish these aims.

Accordingly, our respective Governments, through representatives assembled in the city of San Francisco, who have exhibited their full powers found to be in good and due form, have agreed to the present Charter of the United Nations and do hereby establish an international organization to be known as the United Nations.

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CHAPTER I. Purposes and Principles

Article 1

The Purposes of the United Nations are:

1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;

2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace; 3. To achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and

4. To be a center for harmonizing the actions of nations in the attainment of these common ends.

Article 2

The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.

1. The Organization is based on the principle of the sovereign equality of all its Members.

2. All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfil in good faith the obligations assumed by them in accordance with the present Charter. 3. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.

4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action.

6. The Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so