Section 9p. 9

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

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 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.

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