UN Pacific Settlement of Disputes

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• Charter of the United Nations
• UN: Purposes, principles and membership
• United Nations organs
• UN Pacific Settlement of Disputes
• UN: International cooperation and the ESC
• UN International Court of Justice
• United Nations Secretariat
• Other provisions

CHAPTER VI
PACIFIC SETTLEMENT OF DISPUTES
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Article 33
1. The parties to any dispute, the continuance of which is likely to endanger the
maintenance of international peace and security, shall, first of all, seek a solution by
negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to
regional agencies or arrangements, or other peaceful means of their own choice.
2. The Security Council shall, when it deems necessary, call upon the parties to settle
their dispute by such means.
Article 34
The Security Council may investigate any dispute, or any situation which might lead to
international friction or give rise to a dispute, in order to determine whether the continuance of
the dispute or situation is likely to endanger the maintenance of international peace and
security.
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.
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.
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.
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 recommend such terms of settlement as it may
consider appropriate.
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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 recommendations to the parties with a view to a pacific
settlement of the dispute.
CHAPTER VII
ACTION WITH RESPECT TO THREATS TO THE PEACE, BREACHES
OF THE PEACE, AND ACTS OF AGGRESSION
Article 39
The Security Council shall determine the existence of any threat to the peace, breach of the
peace, or act of aggression and shall make recommendations, or decide what measures shall
be taken in accordance with Articles 41 and 42, to maintain or restore international peace and
security.
Article 40
In order to prevent an aggravation of the situation, the Security Council may, before making the
recommendations or deciding upon the measures provided for in Article 39, call upon the
parties concerned to comply with such provisional measures as it deems necessary or
desirable. Such provisional measures shall be without prejudice to the rights, claims, or
position of the parties concerned. The Security Council shall duly take account of failure to
comply with such provisional measures.
Article 41
The Security Council may decide what measures not involving the use of armed force are to be
employed to give effect to its decisions, and it may call upon the Members of the United
Nations to apply such measures. These may include complete or partial interruption of
economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of
communication, and the severance of diplomatic relations.
Article 42
Should the Security Council consider that measures provided for in Article 41 would be
inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces
as may be necessary to maintain or restore international peace and security. Such action may
include demonstrations, blockade, and other operations by air, sea, or land forces of Members
of the United Nations.
Article 43
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1. All Members of the United Nations, in order to contribute to the maintenance of
international peace and security, undertake to make available to the Security Council,
on its call and in accordance with a special agreement or agreements, armed forces,
assistance, and facilities, including rights of passage, necessary for the purpose of
maintaining international peace and security.
2. Such agreement or agreements shall govern the numbers and types of forces, their
degree of readiness and general location, and the nature of the facilities and assistance
to be provided.
3. The agreement or agreements shall be negotiated as soon as possible on the initiative
of the Security Council. They shall be concluded between the Security Council and
Members or between the Security Council and groups of Members and shall be subject
to ratification by the signatory states in accordance with their respective constitutional
processes.
Article 44
When the Security Council has decided to use force it shall, before calling upon a Member not
represented on it to provide armed forces in fulfilment of the obligations assumed under
Article 43, invite that Member, if the Member so desires, to participate in the decisions of the
Security Council concerning the employment of contingents of that Member’s armed forces.
Article 45
In order to enable the United Nations to take urgent military measures, Members shall hold
immediately available national air-force contingents for combined international enforcement
action. The strength and degree of readiness of these contingents and plans for their
combined action shall be determined within the limits laid down in the special agreement or
agreements referred to in Article 43, by the Security Council with the assistance of the Military
Staff Committee.
Article 46
Plans for the application of armed force shall be made by the Security Council with the
assistance of the Military Staff Committee.
Article 47
1. There shall be established a Military Staff Committee to advise and assist the Security
Council on all questions relating to the Security Council’s military requirements for the
maintenance of international peace and security, the employment and command of
forces placed at its disposal, the regulation of armaments, and possible disarmament.
2. The Military Staff Committee shall consist of the Chiefs of Staff of the permanent
members of the Security Council or their representatives. Any Member of the United
Nations not permanently represented on the Committee shall be invited by the
Committee to be associated with it when the efficient discharge of the Committee’s
responsibilities requires the participation of that Member in its work.
3. The Military Staff Committee shall be responsible under the Security Council for the
strategic direction of any armed forces placed at the disposal of the Security Council.
Questions relating to the command of such forces shall be worked out subsequently.
4. The Military Staff Committee, with the authorization of the Security Council and after
consultation with appropriate regional agencies, may establish regional subcommittees.
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Article 48
1. The action required to carry out the decisions of the Security Council for the
maintenance of international peace and security shall be taken by all the Members of
the United Nations or by some of them, as the Security Council may determine.
2. Such decisions shall be carried out by the Members of the United Nations directly and
through their action in the appropriate international agencies of which they remembers.
Article 49
The Members of the United Nations shall join in affording mutual assistance in carrying out the
measures decided upon by the Security Council.
Article 50
If preventive or enforcement measures against any state are taken by the Security Council, any
other state, whether a Member of the United Nations or not, which finds itself confronted with
special economic problems arising from the carrying out of those measures shall have the
right to consult the Security Council with regard to a solution of those problems.
Article 51
Nothing in the present Charter shall impair the inherent right of individual or collective selfdefence
if an armed attack occurs against a Member of the United Nations, until the Security
Council has taken measures necessary to maintain international peace and security. Measures
taken by Members in the exercise of this right of self-defence shall be immediately reported to
the Security Council and shall not in any way affect the authority and responsibility of the
Security Council under the present Charter to take at any time such action as it deems
necessary in order to maintain or restore international peace and security.
CHAPTER VIII
REGIONAL ARRANGEMENTS
Article 52
1. Nothing in the present Charter precludes the existence of regional arrangements or
agencies for dealing with such matters relating to the maintenance of international
peace and security as are appropriate for regional action provided that such
arrangements or agencies and their activities are consistent with the Purposes and
Principles of the United Nations.
2. The Members of the United Nations entering into such arrangements or constituting
such agencies shall make every effort to achieve pacific settlement of local disputes
through such regional arrangements or by such regional agencies before referring
them to the Security Council.
3. The Security Council shall encourage the development of pacific settlement of local
disputes through such regional arrangements or by such regional agencies either on
the initiative of the states concerned or by reference from the Security Council.
4. This Article in no way impairs the application of Articles 34 and 35.
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Article 53
1. The Security Council shall, where appropriate, utilize such regional arrangements or
agencies for enforcement action under its authority. But no enforcement action shall be
taken under regional arrangements or by regional agencies without the authorization of
the Security Council, with the exception of measures against any enemy state, as
defined in paragraph 2 of this Article, provided for pursuant to Article 107 or in regional
arrangements directed against renewal of aggressive policy on the part of any such
state, until such time as the Organization may, on request of the Governments
concerned, be charged with the responsibility for preventing further aggression by
such a state.
2. The term enemy state as used in paragraph 1 of this Article applies to any state which
during the Second World War has been an enemy of any signatory of the present
Charter.
Article 54
The Security Council shall at all times be kept fully informed of activities undertaken or in
contemplation under regional arrangements or by regional agencies for the maintenance of
international peace and security.

Author: international

Mentioned in these Entries

Charter of the United Nations, International Court of Justice, Other provisions, Settlement of Disputes, UN International Court of Justice, UN International Trusteeship system, UN: International cooperation and the ESC, UN: Purposes, principles and membership, United Nations Secretariat, United Nations organs.