handbook-on-the-peaceful-settlement-of-disputes-between-states

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I.

PROCEDURES ENVISAGED IN THE CHARTER OF THE UNITED NATIONS A.

Introduction

313. The principal organs of the United Nations established under Chapter III (Article 7, paragraph 1) of the Charter of the United Nations, namely, "a General Assembly, a Security Council, an Economic and Social Council, a Trusteeship Council, an International Court of Justice, and a Secretariat", constitute the most important part of the machinery necessary for the implementation of the main purposes and principles of the United Nations, in particular, to maintain international peace and security, and to that end to bring about by peaceful means, and in conformity with the principles of justice and international law, the adjustment or settlement of international disputes or situations which might lead to a breach of the peace. 314. In exercising the powers conferred upon them by the Charter, the Security Council and the General Assembly 45 may call upon States parties to a dispute to use any of the peaceful means of settlement of disputes listed in Article 33, paragraph 1, of the Charter. As shown by the examples given in the present chapter, the organs themselves also rely upon the application of these peaceful means when they put in motion the process of settlement of a dispute. 315. This chapter is therefore aimed to illustrate the way in which the principal organs of the United Nations perform their functions in the area of the settlement of disputes between States. B.

The Security Council

1. Role of the Security Council in the peaceful settlement of disputes 316. Under Article 24 of the Charter, the Security Council has the primary responsibility for the maintenance of international peace and security and in that context plays an important role in the settlement of disputes between States. 317. The Security Council, in performing its functions in the field of settlement of disputes, acts under various Chapters of the Charter and does not always indicate the Chapter under which it is proceeding. Primarily, the Council exercises the powers contained in Chapter VI of the Charter, using 415

The Economic and Social Council and the Trusteeship Council are not directly involved in the pacific settlement of disputes and situations, though they can indirectly contribute to their prevention or adjustment in performing their basic functions. These organs, as well as the International Court of Justice, already discussed in chapter 11, section F,of the handbook, are therefore not considered in the present chapter.


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