Charter of the United Nations

 

CHAPTER VI

PACIFIC Settlement of Disputes

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.

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

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 fulfillment 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.

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 are members.

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 self-defense 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-defense 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.

 

 

Author: international

Mentioned in these Entries

International Court of Justice, Settlement of Disputes.