Term
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Definition
Pacific settlement of disputes:
- dispute or situation that has a POSSIBILITY of being a threat to peace
- A.33-38
- adopted resolutions that aren't binding
- UNSC can't exercise a veto when a dispute falls under ch.6
- discussion of dispute/situation that allows the UNSC to exercise a function |
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Term
A.33(1)
*Discussed in class notes* |
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Definition
GENERAL POWERS
"The parties to any dispute, the continuance of which is likely to endanger the maintenance of
international peace and security, shall, first of all, seek a solution by negotiation, enquiry,
mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or
arrangements, or other peaceful means of their own choice."
Ch.VI
*Provides for different peaceful means of settling disputes |
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Term
A.33(2)
*Discussed in class notes* |
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Definition
GENERAL POWERS
"The Security Council shall, when it deems necessary, call upon the parties to settle their
dispute by such means."
*Threat to peace determined --> go to ch.VII
*Parties must come together and decide on diplomatic means
*Provides the possibility of an intervention;
*Obligation to find a solution |
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Term
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Definition
OWN MOTION
"The Security Council may investigate any dispute, or any situation which might lead to
international friction or give rise to a dispute, in order to determine whether the continuance of the
dispute or situation is likely to endanger the maintenance of international peace and security." |
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Term
A.35(1)
*Discussed in class notes* |
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Definition
MEMBER STATES
"Any Member of the United Nations may bring any dispute, or any situation of the nature
referred to in Article 34, to the attention of the Security Council or of the General Assembly"
*Subjects |
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Term
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Definition
NON-MEMBER STATES
"A state which is not a Member of the United Nations may bring to the attention of the Security
Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for
the purposes of the dispute, the obligations of pacific settlement provided in the present
Charter." |
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Term
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Definition
"The proceedings of the General Assembly in respect of matters brought to its attention under
this Article will be subject to the provisions of Articles 11 and 12." |
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Term
A.36
*Discussed in class notes* |
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Definition
SPECIFIC POWERS
"1. The Security Council may, at any stage of a dispute of the nature referred to in Article 33 or of
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."
*Peaceful means of settlement |
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Term
A.37
*Discussed in class notes* |
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Definition
PROPOSALS
"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.12.
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."
*Proposed terms of settlement that are not binding |
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Term
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Definition
"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." |
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Term
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Definition
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