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CHARTER OF THE UNITED NATIONS.

ARTICLE 35.

1. Any Member of the United Nations may bring any dispute, or any situation of the nature referred to in Article 34, to the attention of the Security Council or of the General Assembly.

2. A State which is not a Member of the United Nations may bring to the attention of the Security Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for the purposes of the dispute, the obligations of pacific settlement provided in the present Charter.

3. The proceedings of the General Assembly in respect of matters brought to its attention under this Article will be subject to the provisions of Articles 11 and 12.

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DUMBARTON OAKS PROPOSALS.

Any State, whether member of the Organisation or not, may bring any such dispute or situation to the attention of the General Assembly or of the Security Council (VIII (A) (2)).

ARTICLE 36.

1. The Security Council may, at any stage of a dispute of the nature referred to in Article 33 or of a situation of like nature, recommend appropriate procedures or methods of adjustment.

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2. The Security Council should take into consideration any procedures for the settlement of the dispute which have already been adopted by the parties.

3. In making recommendations under this Article the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court.

The Security Council should be empowered at any stage of a dispute of the nature referred to in paragraph 3 above to recommend appropriate procedures or methods of adjustment (VIII (A) (5) ).

Justiciable disputes should normally be referred to the International Court of Justice (VIII (A) (6)).

ARTICLE 37.

1. Should the parties to a dispute of the nature referred to in Article 33 fail to settle it by the means indicated in that Article, they shall refer it to the Security Council.

2. If the Security Council deems that the continuance of the dispute is in fact likely to endanger the maintenance of international peace and security, it shall decide whether to take action under Article 36 or to recom- mend such terms of settlement as it may consider appropriate.

If, nevertheless, parties to a dispute of the nature referred to in para- graph 3 above fail to settle it by the means indicated in that paragraph, they should obligate themselves to refer it to the Security Council (VIII (A) (4) ).

The Security Council should in each case decide whether or not the continuance of the particular dispute is in fact likely to endanger the main- tenance of international peace and security and, accordingly, whether the Security Council should deal with the dispute, and, if so, whether it should take action under paragraph 5 (VIII (A) (4)).

ARTICLE 38.

Without prejudice to the provisions of Articles 33 to 37, the Security Council may, if all the parties to any dispute so request, make recommenda- tions to the parties with a view to a pacific settlement of the dispute.

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