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and action in respect thereto," In addition to the preven-
tive action of Chapter VIII (A), here is the second pillar
of the whole edifice. The authors of Dumbarton Oaks, having
in mind the bitter experience of the past, have endeavored
to construct it of solid material. They propose to give to
the Council as much power as possible. Paragraph (2) provides
rightly that the Council should be able not only to make
"
recommendations" but to "decide" upon measures to be taken
to maintain or restore peace and security. Here again, the
drafting is very general and no precision is given, so that
the Council will be practically free to take any measure which
it might consider necessary. This complete freedom certainly
has the advantage of enabling the Council to adapt its action
to any situation. Yet it remains a question whether this
absence of any rule of conduct will still be of advantage when
the case seems absolutely clear, and when only the application
of previously defined rules would seem to guarantee action
sufficiently swift to prevent an unscrupulous aggressor from
creating, in his own favor, a situation the redress of which
may prove very lengthy and very difficult. In the past, the
Czechoslovak Government has concluded with several other
Governments a Convention for the definition of the term
'aggressor" Article 2 of this Convention had the following
text:
"The aggressor in an international conflict shall, sub-
ject to the arrangements in force between the parties to the
dispute, be considered to be that State which is the first
to commit any of the following actions :
1). . Declaration of war upon another State;
2) .
Invasion by its armed forces, with or without
declaration of war, of the territory of another
State;
3).
Attack by its land, naval, or air-forces, with or
without declaration of war, on the territory,
vessels, or aircraft of another State;
4).
Naval-blockade of the coasts or ports of another
State;
5) .
Provision of support to armed bands formed in its
territory which have invaded the territory of another
State, or refusal, notwithstanding the request of
the invaded State, to take in its own territory
all the measures in its power to deprive these bands
of all assistance or protection.
270
-4-
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"ocrText": "and action in respect thereto,\" In addition to the preven-\ntive action of Chapter VIII (A), here is the second pillar\nof the whole edifice. The authors of Dumbarton Oaks, having\nin mind the bitter experience of the past, have endeavored\nto construct it of solid material. They propose to give to\nthe Council as much power as possible. Paragraph (2) provides\nrightly that the Council should be able not only to make\n\"\nrecommendations\" but to \"decide\" upon measures to be taken\nto maintain or restore peace and security. Here again, the\ndrafting is very general and no precision is given, so that\nthe Council will be practically free to take any measure which\nit might consider necessary. This complete freedom certainly\nhas the advantage of enabling the Council to adapt its action\nto any situation. Yet it remains a question whether this\nabsence of any rule of conduct will still be of advantage when\nthe case seems absolutely clear, and when only the application\nof previously defined rules would seem to guarantee action\nsufficiently swift to prevent an unscrupulous aggressor from\ncreating, in his own favor, a situation the redress of which\nmay prove very lengthy and very difficult. In the past, the\nCzechoslovak Government has concluded with several other\nGovernments a Convention for the definition of the term\n'aggressor\" Article 2 of this Convention had the following\ntext:\n\"The aggressor in an international conflict shall, sub-\nject to the arrangements in force between the parties to the\ndispute, be considered to be that State which is the first\nto commit any of the following actions :\n1). . Declaration of war upon another State;\n2) .\nInvasion by its armed forces, with or without\ndeclaration of war, of the territory of another\nState;\n3).\nAttack by its land, naval, or air-forces, with or\nwithout declaration of war, on the territory,\nvessels, or aircraft of another State;\n4).\nNaval-blockade of the coasts or ports of another\nState;\n5) .\nProvision of support to armed bands formed in its\nterritory which have invaded the territory of another\nState, or refusal, notwithstanding the request of\nthe invaded State, to take in its own territory\nall the measures in its power to deprive these bands\nof all assistance or protection.\n270\n-4-"
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