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At the time of its adjournment in London the Security Council directed the Committee to undertake an examination of article 43 of the United Nations Charter from the military point of view and to report to the Security Council in due course. Article 43 provides that the Security Council and the Members of the United Nations as soon as possible shall conclude special agreements by which the Members will make available to the Security Council armed forces, assistance, and facilities for the maintenance of international peace and security. The responsibility for initiating negotiation of these agreements is placed by the Charter upon the Security Council.

As the first step in carrying out the Security Council's instruction, the Military Staff Committee has attempted to reach agreement on the basic principles which should govern the organization of the forces to be made available to the Security Council in accordance with article 43. The decision of the Committee to approach its assignment in this way was taken on the initiative of the representatives of the United States Chiefs of Staff. Draft statements of basic principles were introduced promptly in early April, 1946 by the representatives of the Chiefs of Staff of Great Britain, France, and China, as well as the United States. The Soviet Representatives did not introduce any proposals until September. Toward the end of the year the Military Staff Committee's work on these basic principles was resumed. However, this part of the assignment given the Committee by the Security Council still remains to be completed.

The Military Staff Committee is also working on a standard form of agreement to be used in negotiations between the Security Council and Members of the United Nations for the provision of armed forces, facilities, and assistance, including rights of passage, pursuant to article 43 of the Charter. The idea of a standard form for these special agreements was also proposed by the representatives of the United States Chiefs of Staff. This proposal was made in the belief that the process of negotiation between the Security Council and the Members would be facilitated and the Council would thus be able to discharge its Charter responsibility, of negotiating these agreements “as soon as possible”. Substantial progress has been made on the terms of such a standard form of agreement, but unanimity among all of the members of the Military Staff Committee has not yet been reached.

Progress of the Military Staff Committee in this difficult and hitherto unexplored field of international cooperation has been disappointingly slow during this past year, but there are already signs of greater speed and it is hoped that the pace of the Committee's work will continue to accelerate. When that occurs and the Com

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mittee makes its report and recommendations to the Security Council, the Council presumably can then proceed toward negotiation of the special agreements contemplated under article 43, which are subject to ratification by the constitutional processes of the Member states. With the entrance of such agreements into force, the Security Council will have arranged for the military forces and facilities necessary to the full discharge of its responsibility, under chapter VII of the Charter, of maintaining international peace and security. In the meantime, in accordance with article 106 of the Charter, this responsibility rests on the United States, the United Kingdom, the Soviet Union, France, and China.

III. Atomic Energy Commission

Establishment of the Atomic Energy Commission

W:

HEN THE United Nations met at San Francisco to draw up

the Charter of the United Nations, atomic energy as a deadly weapon was as yet unknown to the world. After the surrender of Japan, this Government moved to establish machinery, both domestic and international, for control of the new and devastating weapon, and to insure that atomic energy would be used only for peaceful and productive purposes. In the President's message to the Congress on October 3, 1945, domestic legislation was recommended, which has already come into being, and the need was stressed for international arrangements looking to the renunciation of the use of the atomic bomb and the encouragement of the use of atomic energy for peaceful and humanitarian ends.

With these purposes in mind the President met with the Prime Ministers of the United Kingdom and Canada during the following month. The result of these conversations by the Governments which had collaborated in the wartime development of the atomic bomb was an Agreed Declaration citing the urgent need for international action under the auspices of the United Nations to control atomic energy to the extent necessary to insure its use only for peaceful purposes, to outlaw atomic weapons and other major weapons adaptable to mass destruction, and to provide for effective safeguards by way of inspection and other means to protect complying states against the hazards of violations and evasions.

The signatories of the Agreed Declaration, recognizing the magnitude of the task outlined and the need for having the other states which share under the Charter the primary responsibility for maintaining international peace and security join in the undertaking, took steps to accomplish this end.

As a result of a conference among the Secretary of State of the United States and the Foreign Ministers of the United Kingdom and the Soviet Union at Moscow in December 1945, the Soviet Union concurred in the principles outlined in the Agreed Declaration and be

came a co-sponsor of the Resolution which was introduced into the General Assembly at its First Session in London in January 1946. France and China also readily joined in introducing the resolution which called for the establishment of a United Nations Atomic Energy Commission. The General Assembly, taking note of the urgency and importance of the objectives of the proposed commission, approved the Resolution on January 24, 1946 without a dissenting vote. The objectives are stated in the terms of reference of the Commission which require it to make specific proposals:

“(a) for extending between all nations the exchange of basic scientific information for peaceful ends;

(6) for control of atomic energy to the extent necessary to ensure its use only for peaceful purposes

(c) for the elimination from national armaments of atomic weapons and of all other major weapons adaptable to mass destruction;

“(d) for effective safeguards by way of inspection and other means to protect complying States against the hazards of violations and evasions.” 1

The resolution specifies that the work of the Commission should proceed by separate stages, the successful completion of each of which will develop the necessary confidence of the world before the next stage is undertaken. The Commission was duly constituted, consisting of the representatives of the members of the Security Council and Canada. It began its meetings in New York on June 14, 1946.

By the terms of reference of the General Assembly resolution, the Commission shall submit its reports and recommendations to the Security Council, and such reports and recommendations shall be made public unless the Security Council, in the interest of peace and security, otherwise directs. In the appropriate cases the Security Council shall transmit these reports to the General Assembly and the Members of the United Nations, as well as to the Economic and Social Council and other organizations within the framework of the United Nations.

Appointment of the United States Representative to

the Atomic Energy Commission

In accordance with the provisions of the United Nations Participation Act, Mr. Bernard M. Baruch was nominated by the President on March 18, 1946 and confirmed by the Senate on April 5,

"The Assembly resolution is published in the Report of the Secretary of State on the First Part of the First Session of the General Assembly.

1946 as the United States Representative on the United Nations Atomic Energy Commission.

Formulation of the United States Position on Inter

national Control of Atomic Energy 1. ESSENTIAL CONSIDERATIONS

The basic approach to the international control of atomic energy adopted by the United States Representative and his associates—as in the case of the Acheson-Lilienthal group has been to ascertain the facts and to build a solution in conformity with those facts. It was clear that the advent of atomic energy into the affairs of the world had created unprecedented dangers and that a sound solution would likewise have to be unprecedented. The threat of atomic warfare which would hang over the world unless an effective system of control were found for this dread force demanded a bold approach which, while within the terms of reference of the General Assembly Resolution, would not give undue emphasis to traditional techniques.

A salient factor which had to be constantly borne in mind was that, up to a very advanced point, atomic energy processes are identical, whether the ultimate purpose is peaceful or destructive. Thus, the world might safely enjoy the positive benefits of atomic energy only

means were found to forestall its use for destructive ends. It was clear that a mere agreement to outlaw the production and use of atomic bombs was not enough. It was also recognized that a system based on international inspection alone which would leave control

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Mr. Baruch selected John M. Hancock, Ferdinand Eberstadt, Herbert Bayard Swope, and Fred Searls, Jr., as his associates and advisers. Later, Thomas F. Farrell was named an associate, as was Dr. Richard C. Tolman who was also named scientific adviser to the Delegation, assisted by a Scientific Panel composed of Drs. R. F. Bacher, A. H. Compton, J. R. Oppenheimer, I. I. Rabi, C. A. Thomas, and H. C. Urey. A small number of staff assistants and consultants, along with the necessary administrative personnel, was appointed. Appropriate liaison arrangements were made with the Manhattan District on military security matters and with the United States Delegation to the United Nations Military Staff Committee on military policy matters.

The Secretary of State arranged for Charles Fahy, Legal Adviser to the Department of State, to assist Mr. Baruch and his staff. Assistance was also rendered by Henry G. Ingraham and John Howard of the Legal Adviser's Office.

A Report on the International Control of Atomic Energy was in the main the work of a Board of Consultants to the Department of State. The Board, headed by D. E. Lilienthal, carried out its assignment under the direction of a Committee on Atomic Energy which the Secretary of State set up on Jan, 7, 1946 with Dean Acheson, Under Secretary of State, as chairman. The document was made public not as a statement of policy, but solely as a basis for discussion.

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