Suchergebnisse

With an introduction by James N. Hyde, this is an examination of some of the negotiations which states have carried on under the auspices of internat'l org. Specific cases in which mediation, conciliation, & good offices were used as techniques are presented. They represent situations of power politics as tempered by the effect of internat'l org, or the beginnings of a growing body of procedural or objective law. The United Nations Charter places primary responsibility for the maintenance of peace upon the Security Council. Some settlement-of -dispute patterns have begun to emerge which will influence the law of the future. Developments of the cold war led to a turning to the broader role of dispute-settlement culminating in the Uniting for Peace Resolution of 1950. The Charter gives increased power to the Secretary-General in that he is permitted to bring certain questions to the Security Council & to include items on the Assembly's provisional agenda. Nations are granted the right of individual & collective defense. Any nation may bring to the attention of the Council or Assembly any matter which might lead to internat'l friction. The Assembly & Council have followed a liberal policy in inviting non-member states to participate in their respective discussions. In serious situations the Council or Assembly usually undertake provisional measures either to restore peace or prevent a further deterioration of the situation. A majority of the questions coming before both bodies are referred to a subsidiary group for detailed investigation or conciliation. Both bodies have been reluctant to create permanent subsidiary machinery for the settlement of disputes. There has been a trend toward the use of single mediators & representatives. The manner of approvals of the parent organ & the composition of the subsidiary group have played a major part in influencing the confidence of the parties in the group's operations. The effectiveness of the UN would probably be increased through greater development of peaceful settlement processes through regional org's. The major problem is to find ways of increasing its power & prestige. B. J. Keeley.

Summary of an address before the International bar association, The Hague, Aug., 1948.