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regional instrumentalities as might serve to further its objectives without detracting from its authority and effectiveness.
The United States and the other American Republics have had a special interest in the maintenance of the inter-American system, which has demonstrated its usefulness in preserving the peace and security of the Western Hemisphere and in adyancing its welfare. This system had been in process of development for more han half a century and had only recently, in March, 1945 attained full maturity in the Act of Chapultepec. Moreover, various countries in Europe, especially since 1942, have made alliances in the interest of their own peace and security, and seven Arabic-speaking countries, on March 22, 1915, formed the League of Arab States.
All of these countries, and others represented at the Conference, individually and collectively, were deeply concerned with the problem of their security in a world which, for the second time within a generation, had been devastated by a great world struggle. These nations could not be expected to abandon instruments of regional cooperation which they considered essential to their security, but they all recognized the necessity of laying the foundations of an organization which would give hope of maintaining peace on a universal basis. Hence the problem arose of integrating regional arrangements and agencies with the establishment of a universal security organization. Articles 51 to 54 of the Charter are designed to effect this integration.
THE DUMBARTON OAKS PROPOSALS
The Dumbarton Oaks conversations faced squarely the issue of the relationship between regional arrangements and a general international organization. It was held imperative to give the proposed world organization genuine and overall authority to deal with the problems of war and peace. At the same time the value of regional arrangements was clearly recognized. The principle was accepted that regional instrumentalities which promote peace and security, and which stimulate confidence in the success of collective security arrangements, will, if properly integrated within the general framework, serve to strengthen the organization itself and further its purposes. This was the genesis of Chapter VIII, Section C, on Regional Arrangements, of the Dumbarton Oaks Proposals. This section stipulated that nothing in the Charter should
pre clude the existence of regional arrangements or agencies, provided they were “consistent with the purposes and principles of the Organization”. It was recognized that regional organizations might play a constructive role in the settlement of “local disputes either on the initiative of the states concerned or by reference from the Security Council”.
Similarly the Security Council could utilize regional arrangements for enforcement action, provided that such enforcement action should be undertaken only when authorized by the Council and that the latter should be kept fully informed of all action taken or contemplated under regional arrangements or by regional agencies. It was recognized that the Council must have a general authority over regional security machinery in order to prevent such arrangements from developing independently and thus possibly pursuing different ends. In other words, this provision was intended to coordinate the functions of a regional grouping with those of a general organization, and at the same time establish the final authority of the latter.
AMENDMENTS APPROVED AT SAN FRANCISCO
The United Nations Conference on International Organization made several changes in the foregoing provisions on regional arrangements, without altering the basic principle of universality accepted by the Dumbarton Oaks Conference. Amendments Proposed
The proposals submitted at San Francisco for amending this section feīl largely under three categories.
There were some proposals from the Latin American delegations which raised the problem of the extent of autonomy in respect of pacific settlement of disputes and enforcement action under regional arrangements, as well as with respect to regional arrangements in the social, economic, and cultural spheres. The similar interest of the members of the League of Arab States in this latter aspect of regionalism was manifested in an Egyptian proposal for a separate chapter to deal with arrangements of a permanent character contemplating international cooperation on a comprehensive basis among states of a region. Likewise Australia submitted a proposal whereby the parties to regional arrangements would be authorized to take measures for their peace and security if the Security Council failed to act and did not authorize regional enforcement action. A similar Belgian proposal recognized the right of automatic action under regional arrangements in case of urgent necessity, but provided for the authority of the Security Council to suspend the execution of such action.
Another series of amendments proposed to approach the regional problem through modification of the voting procedure in the Security Council. Suggestions of this nature which were presented by Australia, Belgium and Venezuela proposed to qualify the so-called “veto” power of the permanent members in the case of regional enforcement action.
A third group of amendments was concerned with the specific problem of pacts of mutual assistance like the Anglo-Soviet treaty of May 26, 1942 and similar treaties, and of their integration within the framework of the General Organization. Although these mutual assistance pacts fell within the general denomination of "Regional Arrangements", it was recognized that they were concerned primarily with the problem of military security. Amendments with respect to this important matter were proposed by the Soviet Union, France, Belgium, Czechoslovakia, and Turkey. Essentially two issues were involved in this problem: (1) the permanent inherent right of self-defense, individual or collective, against a possible aggressor; and (2) the provisional or temporary right of the parties to such pacts to také preventive action against a possible aggression on the part of states which had fought against the United Nations during the present war.
In order to meet the legitimate desires which these amendments represented, the Conference in San Francisco adopted three principal modifications of the Dumbarton Oaks Proposals:
(1) an amendment to Chapter VIII, Section A, Paragraph 3 (Article 33 of the Charter) adding regional agencies or arrangements to the processes of pacific settlement, and a closely related amendment to Chapter VIII, Section C, Paragraph 1 (Article 52 of the Charter) providing that parties to regional arrangements should attempt to solve local disputes through regional arrangements;
(2) an amendment to Chapter VIII, Section C, Paragraph 2 (Article 53 of the Charter) stipulating the right to take preventive action under regional arrangements against renewal of aggressive policy on the part of enemy states; and
(3) an amendment to Chapter VIII, Section B, adding a new Paragraph 12 (Article 51 of the Charter) recognizing right
of individual and collective self-defense against armed attack. The foregoing modifications were all submitted to the Conference by the four Sponsoring Powers and were accepted by the other delegations as constituting an adequate amalgamation and reconciliation of the numerous amendments dealing with regional arrangements. With the adoption of these alterations in the Dumbarton Oaks Proposals, the role of the regional arrangement is the maintenance of peace and security within the framework of the world organization was clarified. Regional Arrangements and Pacific Settlement
With respect to procedures for pacific settlement, the phrase "resort to regional agencies and arrangements” was introduced in Paragraph 3 of Chapter VIII, Section A (Article 33 of the Charter) in order tapressly to recognize that an appeal in the first instance to collective procedures of pacific settlement which are available to the members of a regional community is an appropriate method of peaceful solution, along with the standard means mentioned in the orginal text.
The modification introduced in Chapter VIII, Section C, Paragraph 1 (Article 52 of the Charter) constituted the addition of a sentence providing that the member states entering into regional arrangements or constituting regional 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". It is also provided that the Security Council shall encourage the development of pacific settlement of local disputes through regional arrangements or by regional agencies. To insure the paramount authority of the Council and its right to concern itself if necessary with disputes of this character, an additional sentence was added to this article in which it is stipulated that the foregoing provision "in no way impairs the application of Articles 34 and 35". The first of these empowers the Security Council to investigate any dispute, or any situation which may lead to international friction, and the second provides that any state may bring to the attention of the General Assembly or the Security Council any dispute or any situation likely to lead to international friction.
These modifications make it clear that regional means of pacific settlement such as those provided for in the inter-American system, including the procedure of collective consultation, shall be given the fullest possible opportunity to attempt a solution of local disputes and that the Security Council is to encourage and facilitate such an attempt. It is definitely recognized nevertheless that there shall be no impairment of the authority of the Security Council to determine, at its own instance or at the request of a member or non-member state, whether the dispute endangers international peace, or to proceed to take other measures should local remedies fail to settle the dispute. Regional Arrangements and Mutual Assistance Pacts
The problem of integrating the special mutual assistance treaties within the framework of the Charter was one of particular significance. In order to deal with proposed amendments relating to such treaties, which were designed to prevent a recurrence of the policy of aggression by the present enemy states, the four Sponsoring Powers and France introduced, and the Conference approved, an amendment of, Chapter VIII, Section C, Paragraph 2 of the Dumbarton Oaks Proposals, which became Article 53 of the Charter. In this provision an exception is made to the necessity for prior authorization of the Security Council for regional enforcement action in the case of measures against these enemy states pursuant to Article 107 of the Charter, or in regional arrangements directed against a renewal of aggressive policy by the same states, until the international Organization, on request of the governments concerned, is charged with preventing further aggression by such states, Article 107, which is dealt with in discussing "Transitional Security Arrangements” in Chapter XVII of this Report, sets forth the special and temporary responsibilites of the victorious powers for policing the enemy states.
The amendment has the same objective as Article 107, since it seeks to insure that there shall be no relaxation in the measures of control against the possibility of a renewal of aggression by the enemy states in this war, pending the time when the Security Council of the United Nations is able effectively to assume that responsibility. Neighbors of Germany, especially, stressed that the future peace and security of the world must rest on the permanent destruction of German and Japanese militarism, and emphasized that there must be no lapse of control over the aggressors lest the tragic experience of the inter-war period be repeated in the future.
As a result of the provisions of Article 107, the Security Council will not be charged with the responsibility for the prevention of aggression by enemy states until the governments having responsibility for such action as a result of the present war decide to have this responsibility transferred to the Organization and the Organization decides to accept it. The United States Delegation agreed to the exemption of measures taken under these mutual assistance treaties from the general rule that no enforcement action should be taken under regional arrangements or by regional agencies without the authority of the Security Council, " because this was in accord with United States policy toward the enemy states.
The phrase "governments concerned", as used in Article 53, includes both the parties to regional arrangements directed against renewal of aggressive policy on the part of the enemy states, and the governments, including the United States, which are responsible for such action as may be taken under Article 107 in relation to the same states. Regional Arrangements and Defense
The amendment which exempted the application of enforcement measures taken under the special mutual assistance treaties from the control of the Security Council did not meet the issue presented by other proposed amendments designed to give greater autonomy to regional arrangements in enforcement action. This matter was one of direct concern to the United States and to the other American Republics. The problem was met by the adoption of an additional amendment of special significance to the inter-American system.
This amendment, which became Article 51 of the Charter, stipulates that the member governments have "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 the measures necessary to maintain international peace and security". Such measures, however, are to be reported immediately to the Security Council, and do not "in any way affect the authority and responsibility of the Security Council ... to take at any time such action as it deems necessary in order to maintain or restore international peace and security”.
In thus recognizing the paramount authority of the world organization in enforcement action as well as the inherent right of selfdefense against armed attack pending the time when the Security Council undertakes such action, this Article, with the other relevant provisions of the Charter, makes possible a useful and effective integration of regional systems of cooperation with the world system of international security.
This applies with particular significance to the long-established inter-American system. Under the Monroe Doctrine the United States has long recognized that an effort by non-American powers to extend their colonial or political systems into the American Republics would be a threat to our own peace and security. The Declaration of Lima in 1938 recognized, and the Act of Habana in 1940 emphasized, that all the American Republics share our concern in the maintenance of this principle. That hemispheric policy of self-defense against nonAmerican powers was strengthened and extended by the Act of Chapultepec to a policy of collective defense by all the American Republics against aggression by any state, either from within or outside of the Western Hemisphere. Under the Act of Chapultepec the American Republics declared that an attack upon one of them is an attack upon all. Under Part I of the Act this declaration of mutual assistance would be effective for the duration of the Second World War only.
The American Republics at San Francisco were particularly solicitous that the Charter of the world organization should not prevent this concept of collective self-defense from being integrated by permanent treaty into the American hemispheric system as contemplated by Part II of the Act of Chapultepec. Article 51 of the Charter, above referred to, makes it clear that this can be done consistently with the Charter. Also the Secretary of State announced that it