Section 14p. 14

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

Article 94

1.

Each Member of the United Nations undertakes

to comply with the decision of the International

Court of Justice in any case to which it is a party.

2.

If

any

party

to

a

case fails to perform the

obligations incumbent upon it under a judgment

rendered by the Court, the other party may have

recourse to the Security Council, which may, if it

deems

necessary,

make recommendations or

decide upon measures to be taken to give effect

to the judgment.

Article 95

Nothing in the present Charter shall prevent Members of

the United Nations from entrusting the solution of their

differences to other tribunals by virtue of agreements

already in existence or which may be concluded in the

future.

Article 96

a. The General Assembly or the Security Council may

request the International Court of Justice to give an

advisory opinion on any legal question.

b. Other organs of the United Nations and specialized

agencies, which may at any time be so authorized by the

General Assembly, may also request advisory opinions of

the Court on legal questions arising within the scope of

their activities.

CHAPTER XV: THE SECRETARIAT

Article 97

The Secretariat shall comprise a Secretary-General and

such

staff

as

the

Organization

may

require.

The

Secretary-General shall be appointed by the General

Assembly upon the recommendation of the Security

Council. He shall be the chief administrative officer of the

Organization.

Article 98

The Secretary-General shall act in that capacity in all

meetings

of

the

General

Assembly,

of

the Security

Council, of the Economic and Social Council, and of the

Trusteeship

Council,

and

shall

perform

such

other

functions as are entrusted to him by these organs. The

Secretary-General shall make an annual report to the

General Assembly on the work of the Organization.

Article 99

The Secretary-General may bring to the attention of the

Security Council any matter which in his opinion may

threaten the maintenance of international peace and

security.

Article 100

1.

In

the

performance

of

their

duties

the

Secretary-General and the staff shall not seek or

receive

instructions from any government or

from

any

other

authority

external

to

the

Organization. They shall refrain from any action

which

might

reflect

on

their

position

as

international

officials

responsible

only

to the

Organization.

2.

Each Member of the United Nations undertakes

to respect the exclusively international character

of the responsibilities of the Secretary-General

and the staff and not to seek to influence them in

the discharge of their responsibilities.

Article 101

1.

The

staff

shall

be

appointed

by

the

Secretary-General under regulations established

by the General Assembly.

2.

Appropriate staffs shall be permanently assigned

to

the

Economic

and

Social

Council,

the

Trusteeship Council, and, as required, to other

organs of the United Nations. These staffs shall

form a part of the Secretariat.

3.

The paramount consideration in the employment

of the staff and in the determination of the

conditions of service shall be the necessity of

securing

the

highest

standards

of efficiency,

competence, and integrity. Due regard shall be

paid to the importance of recruiting the staff on

as wide a geographical basis as possible.

CHAPTER XVI: MISCELLANEOUS PROVISIONS

Article 102

1.

Every treaty and every international agreement

entered

into

by

any

Member of the United

Nations after the present Charter comes into

force shall as soon as possible be registered with

the Secretariat and published by it.

2.

No party to any such treaty or international

agreement which has not been registered in

accordance with the provisions of paragraph 1 of

this Article may invoke that treaty or agreement

before any organ of the United Nations.

Article 103

In the event of a conflict between the obligations of the

Members

of

the

United

Nations under the present

Charter

and

their

obligations

under

any

other

international

agreement,

their obligations under the

present Charter shall prevail.

Article 104

The Organization shall enjoy in the territory of each of its

Members such legal capacity as may be necessary for the

exercise of its functions and the fulfilment of its purposes.

Article 105

1.

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.

2.

Representatives of the Members of the United

Nations and officials 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.

3.

The

General

Assembly

may

make

recommendations with a view to determining the

details of the application of paragraphs 1 and 2 of

this Article or may propose conventions to the

Members of the United Nations for this purpose.

CHAPTER XVII: TRANSITIONAL SECURITY

ARRANGEMENTS

Article 106

Pending

the

coming

into

force

of

such

special

agreements referred to in Article 43 as in the opinion of

the Security Council enable it to begin the exercise of its

responsibilities

under

Article

42,

the

parties

to

the

Four-Nation Declaration, signed at Moscow, 30 October

1943, and France, shall, in accordance with the provisions

of paragraph 5 of that Declaration, consult with one

another and as occasion requires with other Members of

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