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The weakness in chapter VI is that nowhere are the par- cle 39, call upon the parties concerned to comply with
ties actually obliged to settle the dispute. 32 Article 33 only such provisional measures as it deems necessary or desira-
3 imposes upon them the burden to seek a solution. If they ble. Such provisional measures shall be without prejudice
cannot find a solution, article 37 requires them to refer the to the rights, claims, or position of the parties concerned.
matter to the Security Council. However, the Security The Security Council shall duly take account of failure to
Council can only recommend a solution to them. Neither comply with such provisional measures.
party is bound to accept this recommendation. Article 41
If the procedure of padk settlement is exhausted by the The Security Council may decide what measures not in-
stages described above the Security Council may under volving the use of armed force are to be employed to give
the enforcement action of chapter W apply sanctions if effect to its decisions, and it may call upon the Members
the unsolved situation constitutes a breach of the peace, a of the United Nations to apply such measures. These may
threat to the peace, or an act of aggression. include complete or partial interruption of economic rela-
b. The Forcible Settlement of Disputes tions and of rail, sea,air, postal, telegraphic, radio, and
(1) The Charter Provisions. Chapter W (Articles other means of communication, and the severance of dip-
39-50) outlines measures which are to be adopted by the lomatic relations.
United Nations in the event of (1) a threat to the peace, Article 42
(2) breach of the peace, or (3) an act of aggression. Before
settingforth chapter W,it is necessary to quote three arti- Should the Security Council consider that measures pro-
cles of the Charter which precede it and which throw light vided for in Article 41 would be inadequate or have
upon the chapter's meaning. proved to be inadequate, it may take such action by air,
sea, or land forces as may be necessary to maintain or
Article 2(7)
Nothing contained in the present Charter shall authorize restore international peace and security. Such action may
include demonstrations, blockade, and other operations
the United Nations to intervene in matters which are es- by air, sea, or land forces of Members of the United Na-
sentially within the domestic jurisdiction of any state or tions.
shall require the Members to submit such matters to set-
tlement under the present Charter; but this principle shall Article 43
not prejudice the application of enforcement measures All members of the United Nations, in order to contribute
under chapter W. to the maintenance of international peace and security,
undertake to make available to the Security Council, on
Article 24(1)
In order to ensure prompt and effective action by the its call and in accordance with a special agreement or
agreements, armed forces, assistance, and facilities, in-
United Nations, its Members confer on the Security cluding rights of passage, necessary for the purpose of
Council primary responsibility for the maintenance of in- maintaining international peace and security.
ternational peace and security, and agree that in carrying
out its duties under this responsibility the Security Council Two developments not contemplated at San Francisco in
acts on their behalf. 1945 have altered somewhat the method which the
drafters of the Charter outlined in chapter W. The first
Article 25
The Members of the United Nations agree to accept and was the failure of all members to enter into any agree-
ments which would place armed forces at the call of the
carry out the decisions of the Security Council in ac- Security Council. The second was the cold war and the rise
cordance with the present Charter.
of anticolonial sentiment which prevented, to a great ex-
CHAPTER W
tent, the unanimity of action required of the permanent
ACTION WITH RESPECT TO THREATS TO
members before the Security Council could take effective
THE PEACE, BREACHES OF THE PEACE,
action. The result has not been inaction on the part of the
AND ACTS OF AGGRESSION
World Organization. It has reacted to criseswith the forces
Article 39 at hand, and through the organ or organs best adapted at
The Security Council shall determine the existence of any the moment to deal with the situation. For example, the
threat to the peace, breach of the peace, or act of aggres- Security Council was the fust to react in Korea in 1950,
sion and shall make recommendations, or decide what followed by the General Assembly when the Security
measures shall be taken in accordance with Article 41 and Council was no longer able to function effectively. In Suez
42, to maintain or restore international peace and security. in 1956 it was the General Assembly alone. In 1960 both
Article 40 the Security Council and the General Assembly played
In order to prevent an aggravation of the situation, the roles in this crisis. In addition, the Secretariat took over
Security Council may, before making the recommenda- the functions originally contemplated by the Military Staff
tions or deciding upon the measures provided for in Arti- Committee established under Article 47 to advise the
Security Council on all questions relating to its military re-
32. Eagleton, op. cit. supra note 29, at 502. quirements and the armed forces that were to be at its dis-