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33 -
cessation of hostilities in Korea. This resolution was not
complied with, and on June 27 the Security Council adoptod
another resolution rocommending that the membors of the United
Nations render to the Republic of Korea such assistance as might
be necessary to ropel the armod attack and restore international
peace and socurity.
This was an application of the principle sot forth
in Article 2, sect. 5, of the Charter, which providos that
all members shall give the United Nations "every assistance
in any action it takes in accordanco with the presont charter."
The Security Council resolutions wore an appeal to the member
nations to act in accordance with their capabilities to support
the Charter and the grent principles for which it stands.
In response to the recommendations of the Security
Council, the President exercised his constitutional authority
and dispatched armed forces to Korea.
It is contended, however, that, bocause of Article
od
43 of the Charter and the provisions of the United Nations
Participation Act rolating to it, he had no authority to do
so.
Article 43 of the Charter spolls out the procedure
to be followod by tho member nations in providing the national
contingents which the Security Council was briginally intended
to have permanently at its disposal. This Articlo reads
as
follows:
"Article 43 - 1. All Members of the Unitod Nations,
in order to contribute to the maintenance of international
peace and security, undertake to make availoble to the Security
Council, on its call and in accordance with a special agreement
or agreements, arnod forces, assistance, and facilities, including
rights of passage, necessary for the purpose of maintaining
international poace and security.
"2. Such agreement or agreements shall govern the
numbers and types of forces, their degree of readiness and
general location, and the nature of the facilities and
assistance to be provided.
3. The agreement or agreements shall be negotinted
as soon as possible on the initiative of the Security Council.
They sholl be concluded between the Socurity Council and Members
or between the Security Council and groups of Members and sholl
be subjoct to ratification by the signatory states in accordance
with their respective constitutional processos."
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"ocrText": "33 -\ncessation of hostilities in Korea. This resolution was not\ncomplied with, and on June 27 the Security Council adoptod\nanother resolution rocommending that the membors of the United\nNations render to the Republic of Korea such assistance as might\nbe necessary to ropel the armod attack and restore international\npeace and socurity.\nThis was an application of the principle sot forth\nin Article 2, sect. 5, of the Charter, which providos that\nall members shall give the United Nations \"every assistance\nin any action it takes in accordanco with the presont charter.\"\nThe Security Council resolutions wore an appeal to the member\nnations to act in accordance with their capabilities to support\nthe Charter and the grent principles for which it stands.\nIn response to the recommendations of the Security\nCouncil, the President exercised his constitutional authority\nand dispatched armed forces to Korea.\nIt is contended, however, that, bocause of Article\nod\n43 of the Charter and the provisions of the United Nations\nParticipation Act rolating to it, he had no authority to do\nso.\nArticle 43 of the Charter spolls out the procedure\nto be followod by tho member nations in providing the national\ncontingents which the Security Council was briginally intended\nto have permanently at its disposal. This Articlo reads\nas\nfollows:\n\"Article 43 - 1. All Members of the Unitod Nations,\nin order to contribute to the maintenance of international\npeace and security, undertake to make availoble to the Security\nCouncil, on its call and in accordance with a special agreement\nor agreements, arnod forces, assistance, and facilities, including\nrights of passage, necessary for the purpose of maintaining\ninternational poace and security.\n\"2. Such agreement or agreements shall govern the\nnumbers and types of forces, their degree of readiness and\ngeneral location, and the nature of the facilities and\nassistance to be provided.\n3. The agreement or agreements shall be negotinted\nas soon as possible on the initiative of the Security Council.\nThey sholl be concluded between the Socurity Council and Members\nor between the Security Council and groups of Members and sholl\nbe subjoct to ratification by the signatory states in accordance\nwith their respective constitutional processos.\""
}