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Chapter VI. Pacific Settlement of Disputes.
28. This section of the Dumbarton Oaks Proposals was not satisfactorily drafted and in particular the arrangement of the paragraphs was much criticised. They have now been redrafted and placed in a more logical order.
29. The powers of the Security Council have been clarified. No party to a dispute can, of course, vote on any questions raised under Chapter VI of the Charter. But there was considerable discussion at San Francisco of the exact method by which the Security Council should take jurisdiction of a dispute and subject it to examination and discussion. The Sponsoring Powers in a joint statement shewed that this process could not be prevented by the action of any one member, whether a party to a dispute or not. All disputes, therefore, between states, whether they have permanent seats on the Security Council or not, will be subjected to this process if it is claimed that the main- tenance of international peace and security is threatened.
30. The right of the Security Council to make recommendations as to the terms of settlement of a dispute the continuance of which affects the main- tenance of international peace and security has been made quite specific (Art. 37 (2)). This provision, which carries out what had always seemed of particular importance to the United Kingdom Delegation, was inserted at its special instance. Since, under the Yalta Voting Formula, parties to a dispute cannot vote on any of the questions raised under Chapter VI, they cannot prevent the Security Council from making clear to the world the rights and wrongs of any dispute.
31. The Security Council may also make recommendations concerning any dispute, whether the maintenance of international peace and security is endangered or not, if all the parties to the dispute so desire (Art. 38).
32. The question of domestic jurisdiction has been transferred to the Principles. (See above, para. 20.)
Chapter VII. Action with respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression.
33. The first clause of the Dumbarton Oaks Proposals under this heading has been omitted, as it was in effect a repetition of what had been previously stated under the section concerning Pacific Settlement of Disputes. In addition the order of the paragraphs has been made more logical.
34. An Article has been added giving the Security Council power to order provisional measures (Art. 40). The experience of the League of Nations had shewn how necessary such action might be, and it was thought right to make it quite specific. It should be added that such provisional measures can only be authorized before the Security Council decides to take definite action, and not after it has begun the process of settling or dealing with a dispute.
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35. It is stated that the
special agreements" may include rights of
facilities Though it was intended that the word
in the Dum- passage." barton Oaks Proposals should cover this provision, it was thought that the point should be made quite clear.
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36. It has been laid down that the special agreements "for the provision of armed forces, facilities, etc., are to be made by Members with the Security Council (Art. 43 (3)). This provision cleared up an ambiguity in the text of the Dumbarton Oaks Proposals as to the " special agreement or agreements concluded amongst themselves." It was considered that the Security Council was a body capable of entering into such agreements with Members or groups of Members, and that this was the method likely to produce the most practical results.
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37. The right has been given to any Member which has made a special agreement to be invited to the Security Council, if it so desires, and to participate (i.e. with a vote) in the decisions concerning the employment of its armed forces (Art. 44). This amendment, which was of particular interest to Canada and other states likely to make considerable contributions to the maintenance of international peace and security, was successfully supported by the United Kingdom Delegation. It should be noted that a decision by the Security Council to take enforcement action is binding on all Members of the United Nations. It is only in the event of any Member desiring to shew cause why it might find it difficult in special circumstances to carry out its special agreement," or to indicate a preference as to the method by which its armed forces shall be employed, that it will be likely to apply for special representation on the Security Council. It will then only vote on such specific issues, and there is no danger, therefore, that the necessary action of the Security Council will be delayed or impeded.
38. A most important addition is the recognition of the explicit right of self-defence, both individual and collective, but in such a manner that the final authority and responsibility of the Security Council to maintain inter- national peace and security is not impaired (Art. 51). It was considered at the Dumbarton Oaks Conference that the right of self-defence was inherent in the proposals and did not need explicit mention in the Charter. But self- defence may be undertaken by more than one state at a time, and the existence of regional organisations made this right of special importance to some states, while special treaties of defence made its explicit recognition important to others. Accordingly the right is given to individual states or to combinations of states to act until the Security Council itself has taken the necessary measures. It will be for the Security Council to decide whether these measures have been taken and whether they are adequate for the pur- pose. In the event of the Security Council failing to take any action, or if such action as it does take is clearly inadequate, the right of self-defence could be invoked by any Member or group of Members as justifying any action they thought fit to take.
Chapter VIII. Regional Arrangements.
39. Emphasis has been laid on the use of regional arrangements and agencies for the pacific settlement of local disputes (Art. 52 (2) and (3)).
40. Action against enemy states under special treaties or regional arrange- ments has been exempted from the scope of the Security Council, but reference has been made to the possibility of the Organisation ultimately assuming responsibility for preventing further aggression by such states (Art. 53 (1)), which have been specifically defined (53 (2)).
41. It might however be assumed that, if any such state were to be ad- mitted to the Organisation, the necessity for making special arrangements to prevent aggression on its part would disappear, since it could only be admitted if all the Permanent Members of the Security Council and two-thirds of the Members of the General Assembly were convinced that it qualified under Article 4. On the other hand it is not to be excluded that such state might be required, in return for admission, to agree to the continuance of certain conditions.
Chapters IX and X. International Economic and Social Co-operation.
42. Much attention was given to this subject, and the inclusion of the Economic and Social Council among the Principal Organs of the United Nations (see paragraph 21 above) is an indication of the importance attached by the Conference to this aspect of the Organisation's work. Special efforts