CHAPTER V. GENERAL COMMERCIAL POLICY-Con. Page 15 17 20 Article 28. Exceptions From the Rule of Nondiscrimination 222 23 SECTION D. Subsidies Article 30. General Undertaking Regarding Subsidies-Elimination of 24 SECTION E. State Trading Article 31. Nondiscriminatory Administration of State-Trading Enter prises 26 Article 32. Expansion of Trade by State Monopolies of Individual Products. 27 28 Article 33. Expansion of Trade by Complete State Monopolies of Import SECTION F. Emergency Provisions-Consultation SECTION G. Relations With Non-Members Article 36. Contractual Relations with Non-Members-Treatment of 30 Article 37. General Exceptions to Chapter V* . SECTION H. General Exceptions SECTION I. Territorial Application Article 38. Territorial Application of Chapter V-Customs Unions- CHAPTER VI. RESTRICTIVE BUSINESS PRACTICES 31 31 Article 39. Policy Toward Restrictive Business Practices SECTION A. General Considerations Article 46. General Statement on Difficulties Relating to Primary Commodities. Article 47. Objectives of Intergovernmental Commodity Arrangements. 36 37 *Asterisks indicate that these articles have been taken from the United States Suggested Charter and have been included in square brackets (see Foreword). Article 50. Relations With Specialized Agencies ments. SECTION C. Intergovernmental Commodity Agreements Involving the Regulation of Production, Trade, or Prices Article 52. Circumstances Governing Use of Regulatory Agreements . Article 53. Additional Principles Governing Regulatory Agreements Article 54. Administration of Regulatory Agreements . . Article 55. Provision for Initial Terms, Review, and Renewal of Regulatory Agreements . . Article 56. Settlement of Disputes. 44 45 SECTION A. Functions and Structure of the Organization Article 61. Functions of the Organization Article 75. Functions of the Commission on Commercial Policy* *Asterisks indicate that these articles have been taken from the United States Suggested Charter and have been included in square brackets (see Foreword). SECTION G. Miscellaneous Provisions Article 81. Relations With Other Organizations Article 82. International Responsibilities of Personnel of the Organization. Article 83. Legal Capacity of the Organization . Article 84. Privileges and Immunities of the Organization Article 85. Amendments to the Charter .. Article 86. Interpretation and Settlement of Disputes Article 88. Entry Into Force. . Article 89. Withdrawal and Termination ANNEXURES Annexure A. List of Territories Referred to in Subparagraph 2 (a) (ii) of Annexure B. Assignment of Functions With Respect to Intergovernmental Commodity Arrangements Cross-Reference Index 58 59 61 ESTABLISHMENT [The International Trade Organization of the United Nations is hereby established and shall operate in accordance with the following provisions:] CHAPTER I. PURPOSES Article 1. General Purposes of the Organization [The purposes of the Organization shall be: [1. To promote the solution of problems in the field of international commercial policies and relations through consultation and collaboration among Members. [2. To enable Members to avoid recourse to measures destructive of world commerce by providing, on a reciprocal and mutually advantageous basis, expanding opportunities for their trade and economic development. [3. To encourage and assist the industrial and general economic development of Member countries, particularly of those still in the early stages of industrial development. [4. In general, to promote national and international action for the expansion of the production, exchange and consumption of goods, for the reduction of tariffs and other trade barriers, and for the elimination of all forms of discriminatory treatment in international commerce; thus contributing to an expanding world economy, to the establishment and maintenance in all countries of high levels of employment and real income, and to the creation of economic conditions conducive to the maintenance of world peace. [5. To provide a centralized agency for the coordination of the work of Members to the above ends.] CHAPTER II. MEMBERSHIP Article 2. Membership 1. The original Members of the Organization shall be those countries represented at the United Nations Conference on Trade and Employment which accept the provisions of this Charter by December 31, 194- or, in the event that this Charter has not entered into force by that date, the countries which agree to bring this Charter into force pursuant to the proviso to paragraph 3 of article 88. 2. Membership in the Organization shall be open to such other countries as accept the provisions of this Charter, subject to the approval of the Conference. 3. The Conference shall establish procedures that will open a membership in the Organization to the United Nations on behalf of the trust territories for which the United Nations is the administering authority. CHAPTER III. EMPLOYMENT Article 3. Relation of Employment to the Purposes of 1. Members recognize that the avoidance of unemployment or underemployment through the achievement and maintenance in each country of useful employment opportunities for those able and willing to work and of high and steadily rising effective demand for goods and services is not of domestic concern alone, but is a necessary condition for the expansion of international trade and, in general, for the realization of the purposes of the Organization. They also recognize that measures to sustain demand and employment should be consistent with the other purposes and provisions of the Organization, and that in the choice of such measures, each country should seek to avoid creating balance of payments difficulties for other countries. 2. They agree that, while the achievement and maintenance of effective demand and employment must depend primarily on domestic measures, such measures should be assisted by the regular exchange of information and views among Members and, so far as possible, be supplemented by international action sponsored by the Economic and Social Council of the United Nations and carried out in collaboration with the appropriate intergovernmental organizations, acting within their respective spheres and consistently with the terms and purposes of their basic instruments. Article 4. The Maintenance of Domestic Employment Members shall take action designed to achieve and maintain full and productive employment and high and stable levels of effective demand within their own jurisdictions through measures appropriate to their political and economic institutions and compatible with the other purposes of the Organization. |