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Chapter VI of the United Nations Charter


Chapter VI of the United Nations Charter deals with peaceful settlement of disputes. It requires countries with disputes that could lead to war to first of all try to seek solutions through peaceful methods such as "negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice." If these methods of alternative dispute resolution fail, then they must refer it to the UN Security Council. Under Article 35, any country is allowed to bring a dispute to the attention of the UN Security Council or the General Assembly. This chapter authorizes the Security Council to issue recommendations but does not give it power to make binding resolutions; those provisions are contained Chapter VII. Chapter VI is analogous to Articles 13-15 of the Covenant of the League of Nations which provide for arbitration and for submission of matters to the Council that are not submitted to arbitration. United Nations Security Council Resolution 47 and United Nations Security Council Resolution 242 are two examples of Chapter VI resolutions which remain unimplemented.

There is a general agreement among legal scholars outside the organization that resolutions made under (Pacific Settlement of Disputes) are not legally binding. One argument is that since they have no enforcement mechanism, except self-help, they may not be legally binding. Some States give constitutional or special legal status to the UN Charter and Security Council resolutions. In such cases non-recognition regimes or other sanctions can be implemented under the provisions of the laws of the individual member states.

The Repertory of Practice of United Nations Organs was established because "Records of the cumulating practice of international organizations may be regarded as evidence of customary international law with reference to States' relations to the organizations." The repertory cites the remarks made by the representative of Israel, Mr Eban, regarding a Chapter VI resolution. He maintained that the Security Council's resolution of 1 September 1951 possessed, within the meaning of Article 25, a compelling force beyond that pertaining to any resolution of any other organ of the United Nations, in his view the importance of the resolution had to be envisaged in the light of Article 25, under which the decisions of the Council on matters affecting international peace and security assumed an obligatory character for all Member States. The Egyptian representative disagreed.


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