UNITED
NATIONS CHARTER, CHAPTER VI
PACIFIC SETTLEMENT OF DISPUTES
Article 33
1. 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.
2. The Security Council shall, when it deems
necessary, call upon the parties to settle their dispute by such means.
Article 34
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.
Article 35
1. 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.
2. 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.
3. 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.
Article 36
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.
Article 37
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.
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.
Article 38
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.