V PACIFIC SETTLEMENT OF DISPUTES 1. All states, whether members of the international organization or not, should be required (a) to settle disputes by none but peaceful means, and (b) to refrain from the threat or use of force in their international relations in any manner inconsistent with the purposes envisaged in the basic instrument of the international organization. 2. The parties to any dispute the continuance of which is likely to endanger international security or peace should be obligated, first of all, to seek a settlement by negotiation, mediation, conciliation, arbitration, reference to the international court of justice, or other peaceful means of their own choice. 3. Where feasible, regional or other arrangements should be employed to bring about adjustment or settlement of local or regional controversies. 4. If the parties fail to effect a settlement of such a dispute by the means above indicated, they should be obligated to refer it to the executive council 5. Any member state should have the right to bring to the attention of the general assembly or the executive council any condition, situation, or controversy the continuance of which the member deems likely to endanger international security or peace. 6. The general assembly should refer to the executive council any such condition, situation, or controversy which it deems to require action to prevent an immediate threat to the peace or breach of the peace. 7. The executive council should be empowered to investigate any such condition, situation, or controversy and should recommend appropriate procedures or measures of adjustment. It should be empowered to do this upon its own initiative, or upon reference from the general assembly, or at the instance of a member state. 8. The executive council, when it determines upon its own initiative that there exists between member states a dispute which constitutes a threat to security or peace, and which is not being adequately dealt with by other procedures, should be authorized to assume jurisdiction to effect a settlement. 9. In case of a dispute involving a member and a non-member state, or nonmember states only, and which is likely to lead to a breach of the peace, the executive council should be authorized to take jurisdiction either upon its own initiative or at the request of any party. 10. In discharging its responsibilities with respect to pacific settlement the executive council should be authorized to seek the advice and assistance of the general assembly, to appoint commissions of inquiry or conciliation, to refer to the international court of justice justiciable disputes or legal aspects of disputes not wholly justiciable. to employ regional or local procedures, or to take any other appropriate measures to effect a settlement. 11. The executive council should be empowered with respect to any dispute referred to in the preceding paragraphs to encourage and facilitate the execution of the terms of any settlement determined under the authority of the international organization. VI DETERMINATION OF THREATS TO THE PEACE OR BREACHES OF THE PEACE AND ACTION WITH RESPECT THERETO A. Determination of Threats to the Peace or Breaches of the Peace 1. The executive council should be empowered to determine the existence of any threat to the peace or breach of the peace, and to decide upon the action to be recommended or taken to maintain or restore peace. It should be empowered to seek the advice and assistance of the general assembly in any matter in this connection, and of the international court of justice in any matter within the competence of the court. 2. The executive council should be empowered to determine whether any condition, situation, or act involving an alleged threat to the peace or breach of the peace is of sufficient gravity to require action. Note: The conditions, situations, and acts envisaged above include, for example: a. employment of military forces by a state within the jurisdiction of another state not authorized by the international organization; b. failure to comply with a request of the executive council to accept procedures of pacific settlement in any dispute; c. failure to accept terms of settlement of a dispute as prescribed under the authority of the international organization; d. failure to comply with a request of the executive council to maintain the existing position or to return to a prior position as determined by the executive council; e. failure to observe obligations with respect to the regulation of armaments and armed forces and the manufacture of and international traffic in arms; and f. obstruction of measures for the enforcement of security and peace through failure to comply with a call from the council (1) to carry out agreed undertakings regarding measures of enforcement, and (2) to make available, upon the basis of agreed obligations, forces and facilities for enforcement action. B. Initiation of Action 1. When the executive council determines that a threat to the peace or breach of the peace exists, it should immediately (a) require the parties to refrain from any action likely to aggravate the situation and (b) decide upon the measures to be recommended or taken. 2. All states, whether members of the international organization or not, should be required to refrain from giving assistance to any state contrary to preventive or enforcement action undertaken by the international organization or with its authorization. C. Measures Not Involving the Use of Armed Force 1. The executive council should be empowered to call upon member states to institute measures not requiring the use of armed force in support of its decisions and to determine, in any instance necessitating such action, what measures should be employed and the extent to which the respective member states should be called upon to apply them. 2. In any case in which such action has been decided upon by the executive council, member states should be obligated: a. to cooperate with the executive council and the general assembly in obtaining the information necessary for action and in appropriate measures of publicity; b. to take part in concerted diplomatic measures; c. to take part in collective economic, commercial, and financial measures; and d. to join in mutual efforts to afford relief and aid to states assuming undue burdens through participation in such measures instituted by the executive council. D. Measures Involving the Use of Armed Force 1. In the event that other measures prove to be inadequate, the executive council should be authorized to provide for the use of armed force to assure the maintenance of security and peace. 2. The member states should undertake to furnish forces and facilities when needed for this purpose at the call of the executive council and in accordance with a general agreement governing the number and type of forces and the kind and extent of facilities to be provided. Such an agreement should be concluded among the member states at the earliest possible moment after the organization comes into existence. It should be a duty of the executive council to formulate as rapidly as possible plans and procedure for the negotiation of such agreement. In formulating plans for the agreement and in carrying out operations under the agreement, the council should take account of the geographical position of the member states, their regional or special obligations, their population, and their relative resources. 3. The general agreement should provide that member states should be obligated to maintain in condition of effective readiness the armaments and armed forces which by the agreement they respectively undertake to make available for international cooperative action. 4. Pending the conclusion of the general agreement, the states parties to the Four-Nation Declaration, signed at Moscow, October 30, 1943, and other states in position to do so should provide, on the basis of their various capacities and of undertakings among themselves, such forces and facilities as may be needed for establishing and maintaining security and peace. 5. The executive council should be empowered to call upon the member states for economic, financial, and commercial and other assistance necessary to support and to supplement international action involving the use of armed force as and when undertaken. Member states should undertake: a. to afford such assistance, the terms to be determined in consultation between the executive council and member states; b. to deny economic or other assistance to a state against which enforcement action is undertaken, the nature of such assistance to be defined by the executive council at the time of the action; and c. to join in mutual efforts to afford relief and aid to states assuming undue burdens through participation in security measures involving the use of armed force instituted by the executive council. 6. The executive council should be empowered to call upon member states to grant rights of passage and to furnish facilities, including bases, necessary to the effective action of forces operating under authority of the council. The conditions of the exercise of these rights and of the furnishing of facilities, including bases, should be determined, in advance or at the time of action, by agreement between the executive council and the member states in whose territories these rights and facilities are required. 7. The executive council, advised and assisted by the permanent security and armaments commission described in part E below, should be responsible for the planning of, and should exercise general supervision over, any use of force determined to be necessary under the provisions of the basic instrument of the international organization. E. Security and Armaments Commission 1. The executive council should establish a permanent security and armaments commission. 2. The permanent security and armaments commission should provide the executive council with the expert military advice and assistance necessary for the discharge of the responsibilities of the council concerning the employment of force and the regulation of armaments and armed forces, and should perform such duties of study, recommendation, administration, and execution as the council may assign to it. 3. The security and armaments commission should have authority, with the approval of the executive council, to establish subordinate agencies and otherwise perfect its organization. VII REGULATION OF ARMAMENTS AND ARMED FORCES 1. In order to promote the establishment and maintenance of international security and peace with the least diversion of the world's human and economic resources for armaments, the executive council should be made responsible for initiating negotiations for the conclusion of a general international agreement, envisaged in the Four-Nation Declaration signed at Moscow, October 30, 1943, for the establishment of a system of regulation of armaments and armed forces and for the regulation of the manufacture of and international traffic in arms. 2. The executive council should be authorized to exercise such powers for the execution of obligations stipulated in the general international agreement as may be assigned to it by the agreement. 3. The armaments and armed forces of the Axis states [to be named later] should be governed by the terms of their surrender and by the authority established thereunder. The executive council should be empowered to take responsibility for assuring the execution of stipulations governing the armaments and armed forces of the Axis states, to the extent that such responsibility may be assigned to it in succession to the authority established under the surrender terms. VIII ARRANGEMENTS FOR ECONOMIC AND SOCIAL COOPERATION A. Purpose and Relationships 1. With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations, the general international organization should facilitate and promote solutions of international economic and social problems, including educational and cultural problems. Responsibility for the discharge of this function should be vested in the general assembly, and under the authority of the general assembly, in an economic and social council, established in the basic instrument of the organization. 2. The various specialized economic and social organizations and agencies would have responsibilities in their respective fields as defined in their statutes. Each specialized economic or social organization or agency should be brought into relationship with the general international organization. The terms under which each specialized organization or agency should be related to the general international organization should be determined by agreement between the economic and social council and the appropriate authorities of the specialized organization or agency, subject to approval by the general assembly. B. Powers 1. The economic and social council should be empowered: a. to carry out, within the scope of its functions, recommendations of the general assembly in regard to economic or social matters; b. to make recommendations, on its own initiative, to the various specialized organizations or agencies, to governments, or to the general assembly, with respect to economic or social problems, including those beyond the scope of the specialized organizations, with a view to promoting the fullest and most effective use of the world's economic resources, to achieving high and stable levels of employment, and in general to advancing the well-being of all peoples; c. to coordinate the activities of the specialized economic and social organizations or agencies through advisory consultations with, and recommendations to, such organizations; d. to receive and consider reports of the activities, decisions and recommendations of the specialized organizations or agencies, and to submit annually an analysis of such reports to the general assembly; e. to examine the administrative budgets of the specialized organizations or agencies with a view to recommending to the organizations or agencies concerned, and in appropriate cases to the general assembly, as to the most effective utilization of resources; and f. to perform such other functions within the general scope of its competence as may be assigned to it by the general assembly, or as may be provided for in future agreements among member states. C. Composition and voting 1. The economic and social council should consist of qualified representatives of a specified number [24] of member states. The states designated for this purpose should be selected by the general assembly for terms of three years, and each such state should have one representative. 2. Each representative of a state designated as a member of the economic and social council should have one vote. Decisions of the council should be taken by majority vote. 3. The economic and social council should make suitable arrangements for representatives of the specialized organizations or agencies to participate without vote in its deliberations and in those of the commissions established by it. D. Organization 1. The economic and social council should establish an economic commission, a social commission, and such other commissions as may be required to facilitate the consideration of problems within the scope of its functions. Such commissions should consist of experts specially qualified in their respective fields, who may be nationals of any member state of the general international organization. The members of the commissions should be appointed for periods of three years. 2. The economic and social council should elect a chairman from among its members. A director and a staff of competent experts should serve as the permanent secretariat of the economic and social council and of the commissions, and should constitute a part of the central administrative staff of the general international organization. 3. The council should adopt its own rules of procedure and otherwise perfect its organization. IX ARRANGEMENTS FOR TERRITORIAL TRUSTEESHIPS Note: Documents on this subject will be available later 53 Notation as in original document. See, however, appendix 39, p. 606. 53 |