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order more effectively to achieve the objectives of this Treaty, the Parties, separately and jointly, by means of continuous and effective self-help and mutual aid, will maintain and develop their individual and collective capacity to resist armed attack.” Article 5 of the treaty runs as follows: "The Parties agree that an armed attack against one or more of them in Europe or North America shall be considered an attack against them all; and consequently they agree that, if such an armed attack occurs, each of them, in exercise of the right of individual or collective self-defence recognized by Article 51 of the Charter of the United Nations, will assist the Party or Parties so attacked by taking forthwith, individually and in concert with the other Parties, such action as it deems necessary, including the use of armed force, to restore and maintain the Security of the North Atlantic area. Any such armed attack and all measures taken as a result thereof shall immediately be reported to the Security Council. Such measures shall be terminated when the Security Council has taken the measures necessary to restore and maintain international peace and security.” Article 9 provides : “The Parties hereby establish a council, on which each of them shall be represented, to consider matters concerning the implementation of this Treaty. The council shall be so organized as to be able to meet promptly at any time. The council shall set up such subsidiary bodies as may be necessary; in particular it shall establish immediately a defense committee which shall recommend measures for the implementation of Articles 3 and 5.” It is important to note that some of the contracting parties were, at the time the treay was concluded, not members of the United Nations : Italy and Portugal.
In conformity with Article 3 of the North Atlantic Treaty, the United States of America concluded on the basis of the Mutual Defense Assistance Act of 1949 various Defense Assistance Agreements. The Agrement concluded with France on 27 January 1950 contains in its Preamble the following statements: "The Governments of the United States of America and the Republic of France Taking into consideration the support that the Government of the United States of America has brought to these principles by enacting the Mutual Defense Assistance Act of 1949 which provides for the furnishing of military assistance to nations which have joined with it in collective security arrangements; desiring to set forth the understandings which will govern the transfer of such assistance; have agreed as follows: Article I. 1. Each Government, consistently with the principle that economic recovery is essential to international peace and security and must be given clear priority, will make or continue to make available to the other, and to such other governments as the parties hereto may in each case agree upon, such equipment, materials, services, or other military assistance as the government furnishing such assistance may authorize and in accordance with such terms and conditions as may be agreed. The furnishing of any such assistance as may be authorized by either party hereto shall be consistent with the Charter of the United Nations and with the obligations under Article 3 of the North Atlantic Treaty. Such assistance shall be so designed as to promote an integrated defense of the North Atlantic area and to facilitate the development of, or be in accordance with, defense plans under Article 9 of the North Atlantic Treaty approved by each Government. .... Article II. In conformity with the principle of mutual aid, the Goverment of the Republic of France agrees to facilitate the production and transfer to the Government of the United States of America, for such period of time, in such quantities and upon such terms and conditions as may be agreed upon, of raw and semiprocessed materials required by the United States as a result of deficiencies or potential deficiencies in its own resources, and which may be available in France or dependent territories under its
administration. Arrangements for such transfers shall give due regard to requirements for domestic use and commercial export of France." "Article VI. 1. The two Governments will, upon the request of either of them, consult regarding any matter relating to the application of this Agreement or to operations or arrangements carried out pursuant to this Agreement. 2. Each Government agrees to receive personnel of the other Government who will discharge in its territory the responsibilities of the other Government under this Agreement and who will be accorded facilities to observe the progress of assistance furnished pursuant to this Agreement. Such personnel who are nationals of that other country, including personnel temporarily assigned, will, in their relations with the Government of the country to which they are assigned, operate as a part of the Embassy under the direction and control of the Chief of the Diplomatic Mission of the Government of such country.”
On the basis of the Mutual Defense Assistance Act of 1949, as amended, and the Mutual Security Act of 1951, the United States concluded with Yugoslavia an Agreement, signed at Belgrade on 14 November 1951, which contains among others the following provisions: “The Governments of the United States of America and the Federal People's Republic of Yugoslavia ; Desiring the foster international peace and security within the framework of the Charter of the United Nations through measures which will further the ability of nations dedicated to the purposes and principles of the Charter to participate effectively in arrangements for individual and collective self-defense in support of those purposes and principles . . . . have agreed as follows: Article I. 1. The Government of the United States of America will make or continue to make available to the Government of the Federal People's Republic of Yugoslavia equipment, materials, services or other assistance in accordance with such terms and conditions as may be agreed. The furnishing of such assistance shall be consistent with the Charter of the United Nations. Such assistance will be furnished under the provisions, and subject to all of the terms, conditions and termination provisions, of the Mutual Defense Assistance Act of 1949 and the Mutual Security Act of 1951, acts amendatory and supplementary thereto and appropriation acts thereunder. The two Governments will, from time to time, negotiate detailed arrangements necessary to carry out the provisions of this paragraph. 2. The Government of the Federal People's Republic of Yugoslavia will use the assistance exclusively in furtherance of the purposes of the Charter of the United Nations for the promotion of international peace and security and for strengthening the defenses of the Federal People's Republic of Yugoslavia against aggression. 3. The Government of the Federal People's Republic of Yugoslavia undertakes not to transfer to any person not an officer or agent of that Government, or to any other nation, title to or possession of any equipment, materials, information, or services, received on a grant basis, without the prior consent of the Government of the United States of America. 4. The Government of the Federal People's Republic of Yugoslavia will provide the United States of America with reciprocal assistance by continuing to facilitate the production and transfer to the United States of America in such quantities and upon such terms and conditions as may be agreed on, of raw and semiprocessed materials required by the United States of America as a result of deficiencies or potential deficiencies in its own resources, and which may be available in Yugoslavia. Arrangements for such transfers shall give due regards to requirements of Yugoslavia for domestic use and commercial export.
. . . Article V. The Government of the Federal People's Republic of Yugoslavia agrees to receive personnel of the Government of the United States of America who will discharge in its territory the responsibilities of the Government of the
United States of America under this Agreement and who will be accorded facilities to observe the progress of the assistance furnished pursuant to this Agreement. It is understood between the two Governments that the number of such personnel will be kept as low as possible. Such personnel who are United States nationals, including personnel temporarily assigned, will, in their relations with the Government of the Federal People's Republic of Yugoslavia, operate as a part of the Embassy of the United States of America under the direction and control of the Chief of the Diplomatic Mission, and will have the same status as that of other personnel with corresponding rank of the Embassy of the United States of America who are United States nationals. Upon appropriate notification by the Government of the United States of America full diplomatic status will be granted to an agreed number of the personnel assigned thereto.”
Mutual defense treaties analogous to the North Atlantic Treaty were concluded between the United States and Far Eastern countries, as, for instance, the Treaty concluded on 2 December 1954 with the so-called nationalist government of the Republic of China (having its seat on Formosa) whose Article V provides : "Each Party recognizes that an armed attack in the West Pacific Area directed against the territories of either of the Parties would be dangerous to its own peace and safety and declares that it would act to meet the common danger in accordance with its constitutional processes. Any such armed attack and all measures taken as a result thereof shall be immediately reported to the Security Council of the United Nations. Such measures shall be terminated when the Security Council has taken the measures necessary to restore and maintain international peace and security.”
Another treaty concluded for the purpose of collective defense is the Southeast Asia Collective Defense Treaty, signed on 8 September 1954 by France, New Zealand, Pakistan, the Republic of the Philippines, the Kingdom of Thailand, the United Kingdom of Great Britain and Northern Ireland, and the United States. (Text in: Disarmament and Security. A Collection of Documents 1919–1955. Subcommittee on Disarmament. Pursuant to Senate Resolution 93, and continued by Senate Resolution 185, Eighty-fourth Congress. United States Government Printing Office, Washington 1956 (thereafter quoted : Disarmament and Security,) pp. 611 ff).
On 24 February 1955, at Baghdad, a Pact of Mutual Cooperation was concluded between Iraq and Turkey, to which Pakistan on 23 September 1955, the United Kingdom on 5 April 1955, and Iran on 3 November 1955 adhered. The Pact refers in its Preamble to the responsibilities borne by the contracting parties "in their capacity as members of the United Nations concerned with the maintenance of peace and security in the Middle East region. .
.” It contains among others the following provisions : "Article I. Consistent with Article 51 of the United Nations Charter the High Contracting Parties will cooperate for their security and defence. Such measures as they agree to take to give effect to this cooperation may form the subject of special agreements with each other.” “Article II. In order to ensure the realization and effect application of the cooperation provided for in Article I above, the competent authorities of the High Contracting Parties will determine the measures to be taken as soon as the present Pact enters into force. These measures will become operative as soon as they have been approved by the Governments of the High Contracting Parties." “Article V. This Pact shall be open for accession to any member of the Arab League or any other state actively concerned with the security and peace in this region and which is fully recognized by both of the High Contracting Parties. ..." “Article VI. A Permanent Council at Ministerial level will be set
up to function within the framework of the purposes of this Pact when at least four Powers become parties to the Pact. The Council will draw up its own rules of procedure."
On 14 May 1955, at Warsaw, a Treaty of Friendship, Cooperation and Mutual Assistance was concluded between the Soviet Union and Albania, Bulgaria, Hungarian People's Republic, German Democratic Republic, Polish People's Republic, Rumanian People's Republic, Czechoslovak Republic. In the Preamble the contracting parties express "their desire for the establishment of European collective security based on the participation of all European states irrespective of their social and political systems, which would make it possible to unite their efforts in safeguarding the peace of Europe"; and declare to be "guided by the objects and principles of the Charter of the United Nations Organization.” Article 1 stipulates: "The Contracting Parties undertake, in accordance with the Charter of the United Nations Organization, to refrain in their international relations from the threat or use of force, and to settle their international disputes peacefully and in such manner as will not jeopardize international peace and security.” Article 4: "In the event of armed attack in Europe on one or more of the Parties to the Treaty by any state or group of states, each of the Parties to the Treaty, in the exercise of its right to individual or collective self-defence in accordance with Article 51 of the Charter of the United Nations Organization, shall immediately, either individually or in agreement with other Parties to the Treaty, come to the assistance of the state or states attacked with all such means as it deems necessary, including armed force. The Parties to the Treaty shall immediately consult concerning the necessary measures to be taken by them jointly in order to restore and maintain international peace and security. Measures taken on the basis of this Article shall be reported to the Security Council in conformity with the provisions of the Charter of the United Nations Organization. These measures shall be discontinued immediately the Security Council adopts the necessary measures to restore and maintain international peace and security.” Article 5: "The Contracting Parties have agreed to establish a Joint Command of the armed forces that by agreement among the Parties shall be assigned to the Command, which shall function on the basis of jointly established principles. They shall likewise adopt other agreed measures necessary to strengthen their defensive power, in order to protcet the peaceful labours of their peoples, guarantee the inviolability of their frontiers and territories, and provide defence against possible aggression."
Prior to the coming into force of the United Nations Charter, on 22 March 1945, a pact between the Syrian Republic, Transjordan, Iraq, Saudi Arabia, the Lebanese Republic, Egypt, and Yemen, constituting the Arab League, was concluded. It provides for a Council composed of the representatives of the member states (Article 3) and stipulates in Article 5: “Any resort to force in order to resolve disputes arising between two or more member states of the League is prohibited. If there should arise among them a difference which does not concern a state's independence, sovereignty, or territorial integrity, and if the parties to the dispute have recourse to the Council for the settlement of this difference, the decision of the Council shall then be enforceable and obligatory. In such a case, the states between whom the difference has arisen shall not participate in the deliberations and decisions of the Council. The Council shall mediate in all differences which threaten to lead to war between two member states, or a member state and a third state, with a view to bringing about their reconciliation. Decisions of arbitration and mediation shall be taken by majority vote.” Article 6 runs as follows: "In case of aggression or threat of aggression
by one state against a member state, the state which has been attacked or threatened with aggression may demand the immediate convocation of the Council. The Council shall, by unanimous decision, determine the measures necessary to repulse the aggression. If the aggressor is a member state, his vote shall not be counted in determining unanimity. If, as a result of the attack, the government of the state attacked finds itself unable to communicate with the Council, that state's representative in the Council shall have the right to request the convocation of the Council for the purpose indicated in the foregoing paragraph. In the event that this representative is unable to communicate with the Council, any member state of the League shall have the right to request the convocation of the Council.”
On 13 April 1950 the members of the Arab League signed a Joint Defense and Economic Cooperation Treaty, which provides in Article 2: “The contracting States consider any (act of) armed aggression made against any one or more of them or their armed forces, to be directed against them all. Therefore, in accordance with the right of self-defense, individually and collectively they undertake to go without delay to the aid of the State or States against which such an act of aggression is made, and immediately to take, individually and collectively, all steps available, including the use of armed force, to repel the aggression and restore security and peace. In conformity with Article 6 of the Arab League Pact and Article 51 of the United Nations Charter, the Arab League Council and U. N. Security Council shall be notified of such act of aggression and the means and procedure taken to check it.” (Full text in Disarmament and Security, pp. 622 ff.)
Article 51 of the Charter has been implemented also by Resolution 378 (V): Duties of States in the Event of the Outbreak of Hostilities, adopted by the General Assembly on 17 November 1950, recommending : “(a) That if a State becomes engaged in armed conflict with another State or States, it takes all steps practicable in the circumstances and compatible with the right of selfdefence to bring the armed conflict to an end at the earliest possible moment; (b) In particular, that such State shall immediately, and in any case not later than twenty-four hours after the outbreak of the hostilities, make a public statement wherein it will proclaim its readiness, provided that the States with which it is in conflict will do the same, to discontinue all military operations and withdraw all its military forces which have invaded the territory or territorial water of another State or crosses a demarcation line, either on terms agreed by the parties to the conflict or under conditions to be indicated to the parties by the appropriate organs of the United Nations; (c) That such State immediately notify the Secretary-General, for communication to the Security Council and to the Members of the United Nations, of the statement made in accordance with the preceding subparagraph and of the circumstances in which the conflict has arisen; (d) That such State, in its notification to the Secretary-General, invite the appropriate organs of the United Nations to dispatch the Peace Observation Commission to the area in which the conflict has arisen, if the Commission is not already functioning there; (e) That the conduct of the States concerned in relation to the matters covered by the foregoing recommendations be taken into account in any determination of responsibility for the breach of the peace or act of aggression in the case under consideration and in all other relevant proceedings before the appropriate organs of the United Nations.”
6. Cf. the declaration made by the representative of the United States of America on 22 May 1933, at the League of Nations Disarmament Conference, infra, p. 175.