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The Search for World Peace |
RESTRICTED
Doc. 289 (ENGLISH)
III/3/11
May 13, 1945Committee 3 Enforcement Arrangements
Texts of Dumbarton Oaks Proposals, Amendments of Sponsoring Powers, and Amendment Submitted by Other Participating Governments, Relating to Chapter VIII B and XII.
TEXT OF DUMBARTON OAKS PROPOSALS AND OF AMENDMENTS PRESENTED BY THE FOUR SPONSORING POWERS
TEXTS OF AMENDMENTS PROPOSED BY OTHER PARTICIPATING COUNTRIES
Chapter VIII, Section B, Paragraph 1
1. Should the Security Council deem that a failure to settle a dispute in accordance with procedures indicated in paragraph 3 of Section A, or in accordance with its recommendations made under paragraph 5 of Section A, constitutes a threat to the maintenance of international peace and security, it should take any measures necessary for the maintenance of international peace and security in accordance with the purposes and principles of the Organization.
Amendments Proposed by Sponsoring Powers1. Should the Security Council deem that a failure to settle a dispute in accordance with procedures indicated in paragraph 3 of Section A, or in accordance with its recommendations made under paragraphs 4 or 5 of Section A, constitutes a threat to the maintenance of international peace and security, it should take any measures necessary for the maintenance of international peace and security in accordance with the purposes and principles of the Organization.
Australia
1. Should the Security Council deem that a failure to settle a dispute in accordance with the procedures indicated in paragraph 3 of Section A, or in accordance with its recommendations made under paragraph 5 of Section A, constitutes a threat to the maintenance of international peace and security, it shall, in accordance with the purposes and principles of the United Nations, lay down just terms for the settlement of the dispute, and take any measures necessary for carrying out that settlement and for maintaining international peace and security. (Doc. 2, G/14 (1) p. 9)
Chile
1. Should the Security Council believe that failure to settle a dispute in accordance with procedures indicated in paragraph 3 of Section A above, or in accordance with its recommendations under paragraph 5 of the said Section A, constitutes a threat to the maintenance of international peace and security, it should take any measures necessary for the maintenance of international peace and security which are in accord with the purposes, principles and Charter of the Organization. (The phrase "purposes and principles of the Organization" is amended to "purposes, principles and Charter of the Organization"). (Doc. 2, G/7 (i) p. 7)
Mexico
1. Should the Security Council or the General Assembly deem that a failure to settle a dispute in accordance with procedures indicated in paragraph 3 of Section A, or in accordance with its recommendations made under paragraph 5 of Section A, constitutes a threat to the maintenance of international peace and security, the Security Council should take any measures necessary for the maintenance of international peace and security in accordance with the purposes and principles of the organization. (Doc. 2, G/7 (1) pp. 12-13)
Netherlands
1. Should the Security Council under paragraph 8 of Section A determine the existence of a threat to the maintenance of international peace and security, it should take any measures necessary for the maintenace of international peace and security in accordance with the purposes and principles of the Organization. (Doc. 2 G/7 (j) (1), p. 5)
Turkey
(To be added to paragraph 1)
At all events, the Council will lend its assistance to any party to a dispute who has agreed to submit to judicial settlement and to the decision of the court, if required. (Doc. 2 G/7 (e)(1) p. 2)
Chapter VIII, Section B, Paragraph 2
2. In General the Security Council should determine the existence of any threat to the peace, broach of the peace or act of aggression and should make recommendations or decide upon the measures to be taken to maintain or restore peace and security.
Amendment Proposed by Sponsoring Powers
2. In general the Security Council should determine the existence of any threat to the peace, breach of the peace or act of aggression and should make recommendations or decide upon the measures set forth in paragraphs 3 and 4 of this Section to be taken to maintain or restore peace and security.
(Insert the following paragraph between paragraphs 2 and 3)
Before making the recommendations or deciding upon the measures for the maintenance or restoration of peace and security in accordance with the provisions of paragraph 2, the Security Council may call upon the parties concerned to comply with such provisional measures as it may deem necessary or desirable in order to prevent an aggravation of the situation. Such provisional measures should be without prejudice to the rights, claims or position to the parties concerned. Failed to comply with such provisional measures should be duly taken account of by the Security Council.
Australia
(No paragraphs after paragraph 2)
(3) If a situation calling for preventive or enforcement action under paragraph (1) or paragraph (2) above has arisen out of a matter which by international law is solely within the domestic jurisdiction of the State concerned, the Security Council shall not make any recommendation or decision which would curtail that State's lawful freedom of action, but shall take, in accordance with this Section, whatever preventive of enforcement action is necessary to maintain or restore international peace and security. (Doc. 2 G/14 (1) pp. 9-10)
Bolivia
2. In general the Security Council should determine the existence of any threat to the peace, breach of the peace, or act of aggression and should make recommendations or decide upon the measures to be taken to maintain or restore peace and security. If the nature of the acts investigated entails designating a state as an aggressor as indicated in the following paragraph, these measures should be applied immediately by collective action.
3. A state shall be designated an aggressor if it has committed any of the following acts to the detriment of another state.
a) Invasion of another state's territory by armed forces.
b) Declaration of war.
c) Attack by land, sea, or air forces, with or without declaration of war, on another state's territory, shipping, or aircraft.
d) Support given to armed bands for the purpose of invasion.
e) Intervention in another state's internal or foreign affairs.
f) Refusal to submit the matter which has caused a dispute to the peaceful means provided for its settlement.
g) Refusal to comply with a judicial decision lawfully pronounced by an International Court. (Doc. 2 G/14(r), pp. 8-9)
Ethiopia
(To be added as an additional sentence)
So long as a dispute is subject to the procedure of paragraphs 3, 4 and 5 of the present Section the parties to the dispute shall resort to no measures of a military character and the Security Council shall take such measures or action as it shall find necessary to ensure the fulfilment of this obligation. (Doc. 2 G/14 (n), p. 3)
Greece
(To be added at the end of paragraph 2)
In particular, in the event of a dispute between two or more countries, other than permanent members of the Security Council, the latter should take decisions by an affirmative vote of seven members in the determination of the existence of a breach of the peace or of an act of aggression. (Doc. 2, G/14(i) p. 3)
Mexico
2. The Security Council or the General Assembly, should determine the existence of any threat to the peace, breach of the peace or act of aggression and should make recommendations or decide upon the measures to be taken to maintain or restore peace and security. (Doc. 2 G/7 (c)(1) p. 13)
Netherlands
2. Should the Security Council in general under paragraph 9 of Section A determine the existence of any threat to the peace, breach of the peace or act of aggression, it should decide upon the measures to be taken to maintain or restore peace and security. (Doc. 2 G/7 (j)(1) p. 5)
Philippine Commonwealth
(Add the following sentence at the end of the paragraph)
Any nation should be considered as threatening the peace or as an aggressor, if it should be the first party to commit any of the following acts: (1) To declare war against another nation; (2) To invade or attack, with or without declaration of war, the territory, public vessel or public aircraft of another nation; (3) To subject another nation to a naval, land or air blockade; and (4) To interfere with the internal affairs of another nation by supplying arms, ammunition, money or other forms of aid to any armed band, faction or group, or by establishing agencies in that nation to conduct propaganda subversive of the institutions of that nation. (Doc.2 G/14 (k) p. 4)
Chapter VIII, Section B, Paragraph 3
3. The Security Council should be empowered to determine what diplomatic, economic, or other measures not involving the use of armed force should be employed to give effect to its decisions, and to call upon members...
Mexico
3. The Security Council, after prior decision of the General Assembly, should be empowered to determine what diplomatic, economic, or other measures not involving the use of armed force should be employed to give effect to its decisions, and to call upon members of the Organization to apply such measures. (Doc. 2 G/7 (c)(1) p. 13)
Source: Texts of Dumbarton Oaks Proposals, Amendments of Sponsoring Powers, and Amendments Submitted by Other Participating Governments, Relating to Chapter VIII B and XII, The United Nations Conference on International Organization, San Francisco, April 25-June 26 1945, (Doc. 289, III/3/11), May 13, 1945, pp. 602-606
Editorial Note: This is a true copy of the above-referenced original document. This document is reproduced in Benjamin B. Ferencz's work "Defining International Aggression - The Search for World Peace", Vol. 1, as Document No. 17 (g).
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