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A declaration or acceptance under Article 52 shall be made by the communication of an instrument to the Secretary-General for deposit with the Secretary-General of the United Nations. The SecretaryGeneral will notify Members of the receipt of any such instrument and of the date when the amendment enters into force.
Any question or dispute concerning the interpretation or application of the Convention shall be referred for settlement to the Assembly, or shall be settled in such other manner as the parties to the dispute agree. Nothing in this Article shall preclude the Council or the Maritime Safety Committee from settling any such question or dispute that may arise during the exercise of their functions.
Any legal question which cannot be settled as provided in Article 55 shall be referred by the Organization to the International Court of Justice for an advisory opinion in accordance with Article 96 of the Charter of the United Nations..
PART XVI-MISCELLANEOUS PROVISIONS
ARTICLE 57-SIGNATURE AND ACCEPTANCE
Subject to the provisions of Part III the present Convention shall remain open for signature or acceptance and States may become parties to the Convention by:
(a) Signature without reservation as to acceptance;
(b) Signature subject to acceptance followed by acceptance;
Acceptance shall be effected by the deposit of an instrument with the Secretary-General of the United Nations.
(a) Members may make a declaration at any time that their participation in the Convention includes all or a group or a single one of the territories for whose international relations they are responsible.
(b) The Convention does not apply to territories for whose international relations Members are responsible unless a declaration to that effect has been made on their behalf under the provisions of paragraph (a) of this Article.
(c) A declaration made under paragraph (a) of this Article shall be communicated to the Secretary-General of the United Nations and a copy of it will be forwarded by him to all States invited to the
United Nations Maritime Conference and to such other States as may have become Members.
(d) In cases where under a trusteeship agreement the United Nations is the administering authority, the United Nations may accept the Convention on behalf of one, several, or all of the trust territories in accordance with the procedure set forth in Article 57.
(a) Any Member may withdraw from the Organization by written notification given to the Secretary-General of the United Nations, who will immediately inform the other Members and the SecretaryGeneral of the Organization of such notification. Notification of withdrawal may be given at any time after the expiration of twelve months from the date on which the Convention has come into force. The withdrawal shall take effect upon the expiration of twelve months from the date on which such written notification is received by the Secretary-General of the United Nations.
(b) The application of the Convention to a territory or group of territories under Article 58 may at any time be terminated by written notification given to the Secretary-General of the United Nations by the Member responsible for its international relations or, in the case. of a trust territory of which the United Nations is the administering authority, by the United Nations. The Secretary-General of the United Nations will immediately inform all Members and the Secretary-General of the Organization of such notification. The notification shall take effect upon the expiration of twelve months from the date on which it is received by the Secretary-General of the United Nations.
PART XVII-ENTRY INTO FORCE
The present Convention shall enter into force on the date when 21 States of which 7 shall each have a total tonnage of not less than 1,000,000 gross tons of shipping, have become parties to the Convention in accordance with Article 57.
The Secretary-General of the United Nations will inform all States invited to the United Nations Maritime Conference and such other States as may have become Members, of the date when each State becomes party to the Convention, and also of the date on which the Convention enters into force.
The present Convention, of which the English, French and Spanish texts are equally authentic, shall be deposited with the SecretaryGeneral of the United Nations, who will transmit certified copies thereof to each of the States invited to the United Nations Maritime Conference and to such other States as may have become Members.
The United Nations is authorized to effect registration of the Convention as soon as it comes into force.
In witness whereof the undersigned being duly authorized by their respective Governments for that purpose have signed the present Convention.
Done at Geneva this sixth day of March 1948
[Here follow the signatures of the plenipotentiaries.]
(Referred to in Article 17)
COMPOSITION OF THE FIRST COUNCIL
In accordance with the principles set forth in Article 17 the first Council shall be constituted as follows:
(a) The six Members under Article 17 (a) being
(b) The six Members under Article 17 (b) being
(c) Two Members to be elected by the Assembly under Article 17 (c) from a panel nominated by the six Members named in paragraph (a) of this Appendix.
(d) Two Members elected by the Assembly under Article 17 (d) from among the Members having a substantial interest in international seaborne trade.
(Referred to in Article 51)
LEGAL CAPACITY, PRIVILEGES AND IMMUNITIES
The following provisions on legal capacity, privileges and immunities shall be applied by Members to, or in connection with, the Organization pending their accession to the General Convention on Privileges and Immunities of Specialized Agencies in respect of the Organization. Section 1
The Organization shall enjoy in the territory of each of its Members such legal capacity as is necessary for the fulfilment of its purposes and the exercise of its functions.
(a) The Organization shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfilment of its purposes and the exercise of its functions.
(b) Representatives of Members including alternates and advisers, and officials and employees of the Organization shall similarly enjoy
such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organization.
In applying the provisions of Sections 1 and 2 of this Appendix, the Members shall take into account as far as possible the standard clauses of the General Convention on the Privileges and Immunities of the Specialized Agencies.
57. CHARTER OF INTERNATIONAL TRADE ORGANIZATION, MARCH 24, 1948 (EXCERPTS)1
CHAPTER I-PURPOSE AND OBJECTIVES
Recognizing the determination of the United Nations to create conditions of stability and well-being which are necessary for peaceful and friendly relations among nations,
The parties to this Charter undertake in the fields of trade and employment to co-operate with one another and with the United Nations.
For the Purpose of
Realizing the aims set forth in the Charter of the United Nations, particularly the attainment of the higher standards of living, full employment and conditions of economic and social progress and development, envisaged in Article 55 of that Charter.
To this end they pledge themselves, individually and collectively, to promote national and international action designed to attain the following objectives:
1. To assure a large and steadily growing volume of real income and effective demand, to increase the production, consumption and exchange of goods, and thus to contribute to a balanced and expanding world economy.
2. To foster and assist industrial and general economic development, particularly of those countries which are still in the early stages of industrial development, and to encourage the international flow of capital for productive investment.
3. To further the enjoyment by all countries, on equal terms, of access to the markets, products and productive facilities which are needed for their economic prosperity and development.
4. To promote on a reciprocal and mutually advantageous basis the reduction of tariffs and other barriers to trade and the elimination of discriminatory treatment in international commerce.
5. To enable countries, by increasing the opportunities for their trade and economic development, to abstain from measures which would disrupt world commerce, reduce productive employment or retard economic progress.
United Nations Conference on Trade and Employment, held at Habana, Cuba, from November 12, 1947, to March 24, 1948, Final Act and Related Documents (Habana, Cuba, March 1948), pp. 5, 44-53, 60, 61, 66. Chapters of Charter not printed: II. Employment and Economic Activity; III. Economic Development and Reconstruction; IV. Commercial Policy; V. Restrictive Business Practices; VI Inter-Governmental Commodity Agreements; and relevant Annexes and Interpretative Notes. The United Nations publication has also been reproduced by photo-offset under the title, Havana Charter for an International Trade Organization, March 24, 1948, Department of State publication 3117, Commercial Policy Series 113. As of December 31, 1949 the United States had not ratified this Charter.
6. To facilitate through the promotion of mutual understanding, consultation and co-operation, the solution of problems relating to international trade in the fields of employment, economic development, commercial policy, business practices and commodity policy.
Accordingly they hereby establish the International Trade Organization through which they shall co-operate as Members to achieve the purpose and the objectives set forth in this Article.
1. The original Members of the Organization shall be:
(a) those States invited to the United Nations Conference on Trade and Employment whose governments accept this Charter, in accordance with the provisions of paragraph 1 of Article 103, by September 30, 1949 or, if the Charter shall not have entered into force by that date, those States whose governments agree to bring the Charter into force in accordance with the provisions of paragraph 2 (b) of Article 103;
(b) those separate customs territories invited to the United Nations Conference on Trade and Employment on whose behalf the competent Member accepts this Charter, in accordance with the provisions of Article 104, by September 30, 1949 or, if the Charter shall not have entered into force by that date, such separate customs territories which agree to bring the Charter into force in accordance with the provisions of paragraph 2 (b) of Article 103 and on whose behalf the competent Member accepts the Charter in accordance with the provisions of Article 104. If any of these customs territories shall have become fully responsible for the formal conduct of its diplomatic relations by the time it wishes to deposit an instrument of acceptance, it shall proceed in the manner set forth in sub-paragraph (a) of this paragraph. 2. Any other State whose membership has been approved by the Conference shall become a Member of the Organization upon its acceptance, in accordance with the provisions of paragraph 1 of Article 103 of the Charter, as amended up to the date of such acceptance.
3. Any separate customs territory not invited to the United Nations Conference on Trade and Employment, proposed by the competent Member having responsibility for the formal conduct of its diplomatic relations and which is autonomous in the conduct of its external commercial relations and of the other matters provided for in this Charter and whose admission is approved by the Conference, shall become a Member upon acceptance of the Charter on its behalf by the competent Member in accordance with the provisions of Article 104 or, in the case of a territory in respect of which the Charter has already been accepted under that Article, upon such approval by the Conference after it has acquired such autonomy.
4. The Conference shall determine, by a two-thirds majority of the Members present and voting, the conditions upon which, in each individual case, membership rights and obligations shall be extended to:
(a) the Free Territory of Trieste;