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III. Pacific Settlement of Disputes

Published online by Cambridge University Press:  02 September 2013

Leland M. Goodrich
Leland M. Goodrich
Affiliation:
World Peace Foundation
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Extract

A plan for the peaceful settlement of international disputes is the very heart of any charter establishing an international organization to maintain peace and security. Greater emphasis may be given and greater popular interest may attach, particularly in time of war, to provisions for the joint use of national economic and military forces in restraint of aggression. Yet it must be admitted that peace and security are most completely assured when the necessity for resort to collective force does not exist, and when nations, like individuals in a well-ordered society, settle their differences by peaceful means.

Any full understanding of the provisions for the pacific settlement of disputes contained in the Charter of the United Nations would, of course, require an analysis of our total historical experience in the development of principles, procedures, and institutions for this purpose. In particular, an analysis of the League system and its actual operation, and of the reasons why it failed, would seem necessary. For whatever we do today must find its chief justification in the conviction that in our present endeavor we are profiting from the experience of the past and are creating a system which has a better chance of success than its predecessors. Space, however, does not permit the detailed analysis of our historical experience which is necessary to a satisfactory evaluation of the San Francisco achievement. The reader who wishes to explore this historical background more fully is referred to the extensive literature dealing generally with peaceful settlement of disputes, and more particularly with the League experience.

Type
The United Nations: Peace and Security
Information
American Political Science Review , Volume 39 , Issue 5 , October 1945 , pp. 956 - 970
Copyright
Copyright © American Political Science Association 1945

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References

1 Attention is called particularly to Hudson, Manley O., By Pacific Means (New Haven, 1935)Google Scholar, and Rappard, William E., The Quest for Peace since the World War (Cambridge, Mass., 1940).CrossRefGoogle Scholar

2 The United Nations Conference on International Organization, Doc. 1, G/1.

3 The United Nations Committee of Jurists, Jurists 86, G/73, April 25, 1945; The United Nations Conference on International Organization, Doc. 857, IV/1/70, June 8, 1945.

4 The United Nations Conference on International Organization, Doc. 42, P/10(a), May 6, 1945, p. 5.

5 Corresponding to Art. 1, par. 1, of the Charter.

6 Charter of the United Nations, Art. 38.

7 Ibid., Art. 37, corresponding to Chap. VII, Sec. A, par. 4, of the Dumbarton Oaks Proposals.

8 Corresponding to Art. 2, par. 3, of the Charter.

9 Corresponding to Chap. VIII, Sec. A, par. 5, of the Dumbarton Oaks Proposals.

10 See Report of the Rapporteur of Committee III/2, The United Nations Conference on International Organization, Doc. 1027, III/2/31 (1), June 16, 1945.

11 Art. 1, par. 1.

12 See Report of Rapporteur of Committee 1 to Commission I, The United Nations Conference on International Organization, Doc. 944, 1/1/34(1), June 13, 1945, pp. 7–9.

13 This corresponds to the unnumbered article at the end of Chap. II of the Dumbarton Oaks Proposals.

14 Par. 7.

15 The Charter of the United Nations, Art. 52, par. 1.

16 Ibid., Arts. 10 and 11.

17 Ibid., Art. 35.

18 Ibid., Art. 12.

19 Ibid., Art. 11, par. 3.

20 Ibid., Art. 24, par. 1.

21 Ibid., Arts. 11, 34, 35, and 99.

22 Ibid., Art. 36.

23 Ibid., Art. 27.

24 The United Nations Conference on International Organization, Doe. 852, III/1/37 (1), June 8, 1945.

25 The Statute of the International Court of Justice, Arts. 2–13.

26 Ibid., Art. 34, par. 1.

27 Ibid., Art. 35.

28 Ibid., Art. 36, par. 1.

29 Ibid., Art. 36, par. 2.

30 Ibid., Art. 36, par. 5.

31 Ibid., Art. 38.

32 Ibid., Art. 65.

33 Charter of the United Nations, Art. 96.

34 Ibid., Art. 99.

35 Ibid., Art. 33.

36 Ibid., Chap. VIII (Regional Arrangements), Art. 52, par. 2.

37 Ibid., Art. 36, par. 3.

38 Ibid., Art. 37, par. 1.

39 Ibid., Art. 33, par. 2.

40 Ibid., Art. 37, par. 2.

41 See Report of the Rapporteur of Committee III/2, The United Nations Conference on International Organization, Doc. 1027, III/2/31 (1), June 16, 1945, p. 4; Report of Mr. Paul Boncour, Rapporteur (Committee III/3), on Chap. VIII, Sec. B, Ibid., Doc. 881, III/3/46, June 10, 1945, pp. 4–7.

42 Charter of the United Nations, Art. 34.

43 Ibid., Art. 35.

44 Ibid.

45 Ibid., Art. 11, par. 2.

46 Ibid., Art. 36, par. 1.

47 Ibid., Art. 36, pars. 2 and 3.

48 Ibid., Art. 52, par. 3.

49 The United Nations Conference on International Organization, Doc. 433, III/2/15, May 19, 1945, p. 1.