Tuesday, June 25, 2013

Differences between the seventh and sixth chapters of the Charter of the United Nations

06/26/2013 
  
Differences between the seventh and sixth chapters of the Charter of the United Nations

Most notably that the first mandatory and the second boils down recommendations 

Baghdad morning 

identified with the UN Security Council on Thursday as the date for a vote on Iraq out of Chapter VII and entered in the sixth, there is inter significant differences between the chapters should be analyzed. 

might be the most important differences between Chapters VII and VI is that the first is mandatory, while the second is not more than a mere recommendations. 

and Atanon Chapter VII of the UN Charter, "while taking actions in cases of threats to peace, breaches and acts of aggression," as evidenced by this title that speaks of procedural steps Council may be taken to ensure the return of peace and security to areas of conflict. 

while the title of Chapter VI "in resolving disputes peacefully," This shows that Chapter VI regard to peaceful established to resolve disputes and issues relating to threaten peace.

imposes Chapter VI on the parties to the conflict Find peaceful solutions to ensure an end to this conflict with the retention Council to look into the case and may recommend as it deems appropriate to resolve this issue and has to impose what it deems appropriate solutions to this conflict, taking into account the steps that have been taken from the parties to the conflict to reach to resolve the crisis. 

composed this chapter of the six articles are all talking about the solutions and proposals peaceful Council may report to end the conflict nor This chapter provides procedural steps to resolve the dispute, but leave it open to proposals and recommendations and decisions of the Council to resolve the dispute peacefully. 

either Chapter VII, it consists of thirteen material speaks three articles first for the eligibility of the Council in the report as it deems appropriate to resolve the dispute and to oblige limbs implementation of these decisions, including economic measures, transportation and severance of diplomatic relations, while speaking the following articles from taking military action as necessary for peace-keeping and return it by the military forces of the United Nations membership. 

Accordingly, it is clear there is no force to deter a subsidiary of the Security Council, but States undertake Members that put at the disposal of the Council the necessary military forces, assistance, and facilities necessary to resolve the conflict and all according to agreements with the Council be completed to ensure the implementation of decisions of the Council and provided by the participating countries according to their respective constitutional processes and the state is a member of the Council obliged to participate in the provision of these facilities. 

puts Council Security plans for these forces with the assistance of the Military Staff Committee. 

entitled under this chapter for the Security Council to take the decision to intervene military action against any country, whether a member of the United Nations, or were not, and it preserved the peace and prevent any aggression. 

, but this does not mean that Chapter VII dedicated to the use of military force only, but starts the option of sanctions that have failed to restore peace was the right of the Council to resort to the use of force against the aggressor to restore peace and stop the aggression.

reads as follows chapters: 

Chapter VII: In what take action in cases of threats to peace, breaches and acts of aggression Article 39 decides Security Council whether he had signed a threat to the peace, breach of, or was what happened deed, acts of aggression, and offers its recommendations, or decide what measures in accordance with the provisions of Articles 41 and 42 to save international peace and security or returned to redress. Article 40 is strictly To aggravate the situation, the Security Council, before they make recommendations or take the measures provided for in Article 39, that calls for the disputants to take as it deems necessary or desirable of provisional measures, without prejudice to such measures temporary rights of litigants and their demands or their status, and the Security Council should be calculated for not taking disputing these interim measures calculated. Article 41 The Security Council may decide what measures not involving the use of the armed forces to implement its decisions, it may call upon the members of the "United Nations" the application of these measures, and may be, including interruption of economic relations and of rail, sea , air, postal, telegraphic, radio, and other means of transportation and complete or partial and the severance of diplomatic relations. Article 42 Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air force and navy, or land as may be necessary to maintain international peace and security or to return it to redress. And may be dealing with these actions include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the "United Nations." Article 43 1. Undertakes all members of the "United Nations" in order to contribute to the maintenance of peace and international security, to put at the disposal of the Security Council at his request and in accordance with the special agreement or agreements necessary armed forces, assistance and facilities necessary for the maintenance of peace and international security, including rights of passage.   2. Must specify Such agreement or agreements, the number and types of forces and degree of readiness and general location, and the type of facilities and assistance to be provided. 3 are bargaining in the agreement or agreements shall as soon as possible at the request of the Security Council, concluded between the Security Council and the members of the "United Nations" or between him and the groups of members of the "United Nations", and ratified by the signatory states in accordance with their respective constitutional processes. article 44 if the Security Council decided to use force it shall, before calling upon a Member not represented on it to provide armed forces in fulfillment of the obligations set forth in Article 43, it should Invite this member to be involved if he wants in the decisions that Security Council concerning the employment of contingents of troops that Member's armed. Article 45 In order to enable the United Nations to take urgent military measures, Members shall air units eligibility can be used immediately for combined international enforcement action. And identifies the Security Council powers of these units and their degree of readiness and plans for their combined, with the assistance of the Military Staff Committee and within the limits contained in the special agreement or agreements referred to in Article 43. Article 46, plans for the use of armed force shall be the Security Council with the assistance of the Military Staff Committee. Article 47 1. A committee of the pillars of the war whose mission would be to advise and aid to the Security Council and cooperation in all matters relating to necessary needs of the military for keeping international peace and security and to use the forces at his disposal and its leadership, and the regulation of armaments and disarmament to the extent possible. 2. constitute a Military Staff Committee of the Chiefs of Staff the permanent members of the Security Council or those acting for them, and the Committee may invite any member of the "United Nations" of members is permanently represented in its supervision if necessary efficient discharge of the Committee's responsibilities to contribute to that Member in its work. 3. The Military Staff Committee shall be responsible under the Security Council for the strategic direction of any armed forces placed at the disposal of the Council. The issues associated with this led forces shall be worked out later. 4 of the Military Staff Committee to establish a regional sub-committees the authorization of the Security Council and after consultation with appropriate regional agencies, stakeholders. Article 48 1. The action required to implement the resolutions of the Security Council for the maintenance of peace and international security carried out by all members of the "United Nations" or some of them, as determined by the Council. 2. The members of the "United Nations" to implement the decisions directly and through their action in the appropriate international agencies of which they are members. Article 49 synergize members of the "United Nations" to provide mutual assistance in the implementation of the measures decided upon by the Security Council. Article 50 if the Security Council adopted measures against any state to prevent or repress any other state - whether they are members of the "United Nations" or were not - facing with special economic problems arising from the implementation of these measures, the right to Taatmakr the Security Council with regard to a solution of these problems. Article 51 Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of "United Nations" and to the Security Council has taken measures necessary to maintain international peace and security, and measures taken by the Member widely used right of self-defense shall be communicated to the Council immediately, and do not affect those measures in any way with the Council - under the authority and responsibilities of the continuing provisions of this Charter - of the right to be made ​​at any time it deems necessary to be taken for the maintenance of international peace and security or returned to redress. Chapter VI: In the peaceful resolution of disputes Article 33 1. The parties to any dispute, the continuance of that displays the peace-keeping and international security at risk to seek a solution at the outset by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, or that Aljúa agencies and regional arrangements or other peaceful means of their own choice. 2. Security Council calls on the parties to the conflict to settle their dispute by such means if he deems it necessary. Article 34 of 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 would endanger the maintenance of international peace and security. Article 35 1. Each member of the "United Nations" to alert the Security Council or the General Assembly to any dispute or any situation of the kind referred to in Article thirty-fourth. 2. every country is not a member of the "United Nations "to alert the Security Council or the General Assembly any dispute to be a party if it accepts in advance in relation to this conflict peaceful solution obligations set forth in this Charter. 3. Conducted the provisions of Articles 11 and 12 on the way in addressing the General Assembly in respect of matters brought to its attention, according to this article. Article 36 1. To the Security Council may, at any stage of a dispute of the kind 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 account what the disputants taken any procedures for the settlement of the dispute between them. 3. The Security Council is to submit its recommendations in accordance with this article should also take into consideration that legal disputes should the parties to the conflict - in general - rule be referred to the International Court of Justice in accordance with the provisions of the Statute of the Court. Article 37 1. If you fail the parties to a dispute of the kind referred to in Article 33 in the dissolved 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 would in fact, that endanger the maintenance of international peace and security International decided whether it will take action under Article 36 or to recommend appropriate terms of settlement. Article 38 of the Security Council - if requested by all disputing that - make recommendations to the view to resolving the conflict peacefully, without prejudice to the provisions of Articles 33 to 37. remained to mention that the United Nations system is based on hardware President called collectively "the United Nations system", namely: the General Assembly, the Security Council, the Trusteeship Council, the Secretariat, International Court of Justice, and the Economic and Social Council of the United Nations. The Security Council the most important organs of the United United and is responsible for maintaining international peace and security under Chapter VII of the Charter of the United Nations. The Security Council has legal authority to governments of member states so are its decisions are binding for Member States (Article IV of the Charter). Council is composed of 15 members, five of them permanent members and have veto power (veto power) and they are: the Russian Federation, China, France, the United Kingdom, United States. 

The ten members of the rest are elected periodically and duration of provisional membership is two years, but the election will be a year to only five members to come out in every year five countries to be replaced by five other countries. , and the presidency of Security Council meetings periodically between fifteen Member duration of each cycle of the month one and arranged in alphabetical order of the names of the Member States. Decisions in the Council vote so that each member has one vote, whether a member of permanent or temporary and decisions are taken after obtaining the nine votes, at least out of fifteen. , and can any of the permanent members of the crashes Council resolution Security Once voting not to approve the so-called right of veto, while not affect abstaining from voting on the resolution are asylum in this case to the number of votes., provided the Charter of the United Nations Member State in the Council if they are party to any conflict or the vote of its own that abstain from voting, whether a member of permanent or temporary. 

Under the Charter of the United Nations, agrees all members of the United Nations to accept the decisions of the Security Council and implemented. Council is the only organ of the United Nations, which has the authority to make decisions States are obliged to implement under the Charter, and other devices they recommendations are made ​​only to the governments concerned. , the Security Council structured so that it can work without interruption, and should be representative of each one of its members present at United Nations Headquarters length of time. entitled to state which is not a member of the Security Council or even is not a member of the United Nations, which are a party to vote to participate in discussions without being has the right to vote. At the United Nations Charter two seasons only to discuss the issues and controversies that threaten the peace, or that relate to aggression or breach of the Charter, namely Chapter VI and Chapter VII.

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