UN Charter and Its Principles

Introduction

The Charter of the United Nations (UN Charter) is the constituent instrument of the United Nations and one of the most important instruments in modern international law.

It was adopted on 26 June 1945 at San Francisco and entered into force on 24 October 1945. It established the United Nations after the failure of the League of Nations and created the principal institutional framework for international peace and security.

The Charter establishes:

• the purposes of the United Nations;
• the principles governing its Members;
• the principal organs of the organisation;
• rules concerning membership;
• peaceful settlement of disputes;
• collective security;
• international cooperation;
• the relationship between the UN and international law.

The central provisions concerning the principles of the UN are found primarily in Article 2.

Nature and Importance of the UN Charter

The UN Charter is an international treaty, but it has a special constitutional character within the UN system.

It establishes the institutional structure of the organisation and defines the powers and responsibilities of its organs and Members.

The Charter also provides the foundation for major principles of contemporary international law, particularly:

• sovereign equality;
• peaceful settlement of disputes;
• prohibition of force;
• non-intervention;
• good-faith performance of international obligations;
• collective security;
• self-determination.

Adoption and Entry into Force

26 June 1945

The Charter was adopted and signed at the United Nations Conference on International Organization at San Francisco.

24 October 1945

The Charter entered into force.

This date is observed annually as United Nations Day.

Purposes and Principles: Article 1 and Article 2

A useful distinction is:

Article 1 → Purposes of the United Nations

Article 2 → Principles governing the United Nations and its Members

Therefore, when the question specifically asks about “UN Charter and its principles,” Article 2 is the core provision.

Article 1: Purposes of the United Nations

Article 1 identifies four broad purposes.

Maintenance of International Peace and Security

The UN seeks to maintain international peace and security and to take effective collective measures for preventing and removing threats to peace.

Development of Friendly Relations

The UN seeks to develop friendly relations among nations based on:

• respect for equal rights;
• self-determination of peoples.

International Cooperation

The UN promotes cooperation in solving:

• economic;
• social;
• cultural;
• humanitarian

problems.

Human Rights and Fundamental Freedoms

The UN promotes and encourages respect for:

• human rights;
• fundamental freedoms;
• equality without discrimination.

Article 2: Principles of the United Nations

Article 2 contains the principal Charter principles.

The most important principles are:

• sovereign equality of Members;
• good-faith performance of Charter obligations;
• peaceful settlement of disputes;
• prohibition of threat or use of force;
• assistance to the UN;
• application of Charter principles to non-members where necessary for international peace and security;
• non-intervention in domestic matters, subject to the Charter’s enforcement framework.

Principle of Sovereign Equality

Article 2(1)

The United Nations is based on the principle of the sovereign equality of all its Members.

This principle recognises that Member States are legally sovereign and formally equal.

Sovereign equality has two dimensions:

Sovereignty

→ States possess independent authority within their legal sphere.

Equality

→ States are legally equal as States.

However, sovereign equality does not mean that every State has identical political power within every UN organ.

The Security Council, for example, gives special institutional status to its five permanent members.

Principle of Good Faith

Article 2(2)

Members must fulfil in good faith the obligations assumed by them under the Charter.

Good faith requires States to perform their international obligations honestly and consistently with the object and purpose of the obligations.

This principle is closely related to the broader international law principle of pacta sunt servanda.

Simple Formula

Article 2(2)

↓

Charter obligations

↓

Good faith

↓

Compliance

Peaceful Settlement of Disputes

Article 2(3)

Members must settle their international disputes by peaceful means in such a manner that:

• international peace and security; and
• justice

are not endangered.

The principle is further developed in Chapter VI of the Charter.

Article 33

Article 33 provides examples of peaceful means, including:

• negotiation;
• enquiry;
• mediation;
• conciliation;
• arbitration;
• judicial settlement;
• regional arrangements or agencies;
• other peaceful means chosen by the parties.

Formula

Dispute

↓

Peaceful Settlement

↓

Negotiation / Mediation / Conciliation / Arbitration / Judicial Settlement

Prohibition of Threat or Use of Force

Article 2(4)

Article 2(4) requires Members to refrain 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.

This is one of the foundational rules of the contemporary international legal order.

Importance of Article 2(4)

The prohibition on the use of force is closely connected with:

• State sovereignty;
• territorial integrity;
• political independence;
• international peace and security.

The rule must be read together with the recognised exceptions under the Charter framework, particularly:

• Security Council-authorised force;
• Article 51 self-defence.

Self-Defence

Article 51

Article 51 preserves the inherent right of individual and collective self-defence if an armed attack occurs.

Therefore:

Article 2(4)

→ General prohibition on threat/use of force

Article 51

→ Inherent right of self-defence following an armed attack

This distinction is frequently examined.

Collective Security

The UN Charter establishes a system of collective security.

The basic idea is that threats to international peace and security may be addressed collectively rather than solely through unilateral State action.

The Security Council plays the central role in this system.

Chapter VII

Chapter VII provides for action concerning:

• threats to the peace;
• breaches of the peace;
• acts of aggression.

Article 39

Under Article 39, the Security Council determines whether a situation constitutes:

• a threat to the peace;
• breach of the peace;
• act of aggression.

It may then make recommendations or decide what measures should be taken.

Article 41

Article 41 concerns measures not involving the use of armed force.

These may include:

• interruption of economic relations;
• interruption of communications;
• severance of diplomatic relations.

Article 42

Where Article 41 measures are inadequate, Article 42 allows the Security Council to take action involving armed force where necessary to maintain or restore international peace and security.

Principle of Non-Intervention

Article 2(7)

Article 2(7) provides that nothing in the Charter authorises the United Nations to intervene in matters essentially within the domestic jurisdiction of any State.

However, this principle does not prejudice the application of Chapter VII enforcement measures.

Therefore, Article 2(7) is not an absolute prohibition against all forms of international involvement.

Domestic Jurisdiction

The concept of domestic jurisdiction protects areas that fall essentially within the internal competence of States.

However, whether a matter is purely domestic can change as international law develops.

International obligations concerning:

• human rights;
• international peace and security;
• genocide;
• humanitarian law;
• treaty obligations

may affect the international legal character of conduct.

Duty to Assist the United Nations

Article 2(5)

Members must give the United Nations every assistance in any action it takes in accordance with the Charter.

They must also refrain from giving assistance to any State against which the UN is taking preventive or enforcement action.

Formula

UN Action

↓

Member State

↓

Assistance to UN

No assistance to targeted State contrary to Charter action

Principle Concerning Non-Members

Article 2(6)

The organisation is to ensure that States which are not Members act in accordance with these principles so far as may be necessary for the maintenance of international peace and security.

This provision reflects the universal objectives of the UN system.

Self-Determination of Peoples

The principle of self-determination appears in Article 1(2) and is further developed through UN practice and subsequent international law.

It concerns the right of peoples to determine their political status and pursue their economic, social and cultural development.

Self-determination became particularly significant in:

• decolonisation;
• independence movements;
• territorial questions;
• development of international human rights law.

Sovereignty and Territorial Integrity

The Charter’s principles protect the independence and territorial integrity of States.

Article 2(4) specifically prohibits force against the territorial integrity or political independence of States.

This principle is closely connected with:

• sovereign equality;
• non-intervention;
• prohibition of aggression.

Good Faith and Pacta Sunt Servanda

The Charter’s good-faith principle should be distinguished from pacta sunt servanda.

Good Faith

A broad principle governing performance of Charter obligations.

Pacta Sunt Servanda

A treaty-law principle requiring treaties in force to be performed in good faith.

The two principles overlap but are not identical.

Principle of International Cooperation

International cooperation is one of the purposes of the UN under Article 1.

The Charter encourages cooperation in:

• economic matters;
• social matters;
• cultural matters;
• humanitarian matters;
• human rights.

This principle has contributed to the development of numerous international institutions and treaties.

Human Rights Principle

Although the Charter does not contain a complete catalogue of individual rights, it places human rights and fundamental freedoms within the purposes of the organisation.

This provided an institutional foundation for the later development of:

• Universal Declaration of Human Rights;
• international human rights treaties;
• UN human rights institutions.

Principle of Collective Responsibility for Peace

The Charter moves international peace and security toward a system of collective responsibility.

Rather than treating every conflict exclusively as a bilateral matter, the UN Charter allows international organs—especially the Security Council—to respond where international peace and security are threatened.

Relationship Between Article 2(3) and Article 2(4)

These provisions are closely related.

Article 2(3)

States must settle disputes peacefully.

Article 2(4)

States must refrain from threat or use of force.

Together:

Dispute

↓

Peaceful Settlement

↓

No Unlawful Force

UN Charter and Jus Cogens

Certain Charter principles, particularly the prohibition on aggression and the prohibition of the use of force in international relations, are closely connected with peremptory norms of general international law (jus cogens).

However, not every Charter provision should automatically be characterised as jus cogens.

The legal status of a particular rule must be determined according to the law of jus cogens.

Article 103: Supremacy of the UN Charter

Article 103

Article 103 provides that where obligations under the UN Charter conflict with obligations under another international agreement, the obligations under the Charter prevail.

Formula

Charter Obligation

vs.

Conflicting Treaty Obligation

↓

Article 103

↓

UN Charter Obligation Prevails

This is particularly important in relation to Security Council obligations.

Article 25 and Security Council Decisions

Article 25

UN Members agree to accept and carry out the decisions of the Security Council in accordance with the Charter.

This provision is important when considering the legal effect of Security Council decisions.

It should be read together with the relevant provisions of the Charter, especially Chapter VII.

Article 94 and ICJ Decisions

The Charter also contains a specific provision concerning ICJ judgments.

Article 94

Member States undertake to comply with ICJ decisions in cases to which they are parties.

If a party fails to comply, the other party may have recourse to the Security Council under Article 94(2).

UN Charter and International Law

The Charter has had a profound influence on international law.

It contributed to the development of:

• prohibition of force;
• self-defence;
• collective security;
• peaceful settlement;
• human rights;
• self-determination;
• international cooperation;
• international institutional law.

Important Cases

Nicaragua v United States

Military and Paramilitary Activities in and against Nicaragua (1986)

The ICJ examined several fundamental Charter principles, including:

• prohibition on the use of force;
• non-intervention;
• self-defence;
• customary international law.

The case is one of the most important authorities on Article 2(4) and the principle of non-intervention.

Corfu Channel

Corfu Channel (United Kingdom v Albania)

The case concerned responsibility arising from mines in Albanian waters.

It is important for:

• State responsibility;
• territorial sovereignty;
• international obligations;
• peaceful settlement through judicial means.

Certain Activities / Armed Activities Cases

ICJ cases involving armed activities have repeatedly examined:

• territorial sovereignty;
• use of force;
• self-defence;
• occupation;
• State responsibility.

These cases demonstrate the continuing importance of Charter principles in contemporary international law.

Legal Consequences of the Wall

Wall Advisory Opinion (2004)

The ICJ considered questions involving:

• self-determination;
• occupation;
• humanitarian law;
• human rights;
• obligations of States.

The opinion demonstrates how Charter principles interact with other areas of international law.

Kosovo Advisory Opinion

Kosovo (2010)

The Court examined whether the unilateral declaration of independence by Kosovo violated international law.

The opinion is relevant to discussions of:

• self-determination;
• territorial status;
• declarations of independence;
• international law.

Chagos Advisory Opinion

Chagos (2019)

The Court considered questions concerning decolonisation and self-determination.

The opinion demonstrates the continuing importance of the principle of self-determination within the UN legal framework.

Important Charter Provisions

Provision	Principle / Subject
Article 1(1)	Maintenance of international peace and security
Article 1(2)	Friendly relations and self-determination
Article 1(3)	International cooperation and human rights
Article 2(1)	Sovereign equality
Article 2(2)	Good faith
Article 2(3)	Peaceful settlement
Article 2(4)	Prohibition of threat/use of force
Article 2(5)	Assistance to the UN
Article 2(6)	Principles and non-member States
Article 2(7)	Non-intervention/domestic jurisdiction
Article 25	Compliance with Security Council decisions
Article 33	Peaceful means of settlement
Article 39	Threat to peace, breach, aggression
Article 41	Non-forcible measures
Article 42	Measures involving force
Article 51	Self-defence
Article 94	Compliance with ICJ decisions
Article 96	Advisory opinions
Article 103	Priority of Charter obligations

Principles at a Glance

Principle	Charter Provision
Sovereign equality	Article 2(1)
Good faith	Article 2(2)
Peaceful settlement	Article 2(3)
Prohibition of force	Article 2(4)
Assistance to UN	Article 2(5)
Non-member cooperation	Article 2(6)
Non-intervention	Article 2(7)
Self-determination	Article 1(2)
Human rights	Article 1(3)
Self-defence	Article 51
Collective security	Chapter VII
Charter supremacy	Article 103

Complete Flowchart

UN Charter

↓

Article 1 – Purposes

↓

Peace + Security
Friendly Relations
International Cooperation
Human Rights

↓

Article 2 – Principles

↓

Sovereign Equality

↓

Good Faith

↓

Peaceful Settlement

↓

Prohibition of Force

↓

Assistance to UN

↓

Non-Intervention

↓

Collective Security + International Cooperation

Charter Principles Flowchart

State Relations

↓

Sovereign Equality

↓

Good Faith

↓

Peaceful Settlement

↓

No Threat or Unlawful Use of Force

↓

Respect for Sovereignty + Territorial Integrity

↓

Collective Security

↓

International Peace and Security

Quick Revision

Question	Answer
Full name	Charter of the United Nations
Adopted	26 June 1945
Entered into force	24 October 1945
Principal purpose	International peace and security
Purposes	Article 1
Principles	Article 2
Sovereign equality	Article 2(1)
Good faith	Article 2(2)
Peaceful settlement	Article 2(3)
Prohibition of force	Article 2(4)
Assistance to UN	Article 2(5)
Non-member principle	Article 2(6)
Non-intervention	Article 2(7)
Peaceful means	Article 33
Collective security	Chapter VII
Security Council determination	Article 39
Sanctions/non-forcible measures	Article 41
Force	Article 42
Self-defence	Article 51
ICJ compliance	Article 94
Advisory opinions	Article 96
Charter supremacy	Article 103
Leading use-of-force case	Nicaragua v United States
Self-determination	Article 1(2) + subsequent international law

Key Exam Points

• The UN Charter is the constituent instrument of the United Nations.
• It was adopted on 26 June 1945 and entered into force on 24 October 1945.
• Article 1 contains the purposes of the UN.
• Article 2 contains the principal principles governing the organisation and its Members.
• Article 2(1) establishes sovereign equality.
• Article 2(2) requires good-faith performance of Charter obligations.
• Article 2(3) requires peaceful settlement of international disputes.
• Article 2(4) prohibits the threat or use of force contrary to the Charter.
• Article 2(5) requires Members to assist the UN in Charter action.
• Article 2(6) concerns non-member States and the maintenance of international peace and security.
• Article 2(7) contains the principle of non-intervention in matters essentially within domestic jurisdiction, subject to the Chapter VII exception.
• Article 1(2) recognises self-determination as one of the purposes of the UN.
• Article 33 lists major peaceful means of dispute settlement.
• Chapter VII establishes the principal collective-security enforcement framework.
• Article 39 concerns threats to peace, breaches of peace and acts of aggression.
• Article 41 concerns measures not involving armed force.
• Article 42 concerns measures involving armed force.
• Article 51 preserves individual and collective self-defence following an armed attack.
• Article 94 concerns compliance with ICJ judgments.
• Article 103 establishes the priority of Charter obligations over conflicting obligations under other international agreements.
• Nicaragua v United States is a leading authority concerning the prohibition of force and non-intervention.
• Charter principles must be understood together; they are not isolated rules.
• The UN Charter is not merely an institutional document; it has profoundly influenced the development of contemporary international law.

Conclusion

The UN Charter forms the constitutional and legal foundation of the United Nations and provides the framework within which contemporary international peace and security are pursued. Its principles have become central to the modern international legal order.

The most important principles are contained in Article 2: sovereign equality, good faith, peaceful settlement of disputes, prohibition of the threat or use of force, assistance to the UN and non-intervention, subject to the Charter’s collective-security framework.

These principles operate alongside the purposes in Article 1, particularly self-determination, international cooperation and human rights, and the collective-security provisions of Chapter VII.

For examinations, the most important memory sequence is:

Article 1 → Purposes

Article 2(1) → Sovereign Equality

Article 2(2) → Good Faith

Article 2(3) → Peaceful Settlement

Article 2(4) → Prohibition of Force

Article 2(5) → Assistance to UN

Article 2(6) → Non-Members

Article 2(7) → Non-Intervention

Article 33 → Peaceful Means

Article 39 → Threat/Breach/Aggression

Article 41 → Non-Forcible Measures

Article 42 → Force

Article 51 → Self-Defence

Article 94 → ICJ Compliance

Article 103 → Charter Supremacy