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4. It considers it essential that there be included
among the principles of the organization to be set up the
respect and maintenance, by all the members, against any
external aggression and the territorial integrity and poli-
tical independence of each one of them.
5. It seems desirable that the pact to be drawn up
should make mention that when a controversy, under 4, 5 and
6 of Section A, Chapter VIII of the project, does not reach
a solution by agreement between the parties, the Security
Council should submit the question to the International Court
of Justice, or to a Court of Arbitration to be organized in
accordance with the methods foreseen in the Geneva Protocol
of October 2, 1924, depending upon whether or not it deals
with a conflict of a juridical nature, excepting, however,
the questions dealt with in paragraph 7--questions which inter- -
national law leaves to the exclusive competence of each state.
It seems to it that the action of the Security Council should
only make itself felt, in these cases, for that purpose, and
to maintain and restore peace, or to assure the fulfillment of
a judgment.
6. It is believed to be indispensable that decision
should not be left to the interested party, during the course
of a controversy in which peace is endangered, as to whether
it should be included among those questions which interna-
tional law leaves to the exclusive competence of the inter-
ested state (Paragraph 7, Section A, Chapter VIII), it being
deemed advisable that, in each case, the classification of
these questions be referred to the International Court of
Justice at the request of one of the parties or of the Security
Council. It is understood that, if the decision of the Court
is affirmative, the Security Council should take measures,
if necessary, to prevent any disturbance of peace and inter-
national security, and that, if the Court should decide that
the controversy is not of such a character, the Council should
submit it to the processes prescribed in the pact to be drawn
up, for the pacific solution of international conflicts.
7. It considers that a State convoked as a member ad hoc
of the Security Council, Paragraphs 4 and 5, Section D, Chap-
ter VI of the project, since it is involved in or party to a
controversy submitted to that body, should have a voting status
equal to that of titular members, it being believed that the
latter, under such conditions, should not have the right to
vote.
-2-
254
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"ocrText": "4. It considers it essential that there be included\namong the principles of the organization to be set up the\nrespect and maintenance, by all the members, against any\nexternal aggression and the territorial integrity and poli-\ntical independence of each one of them.\n5. It seems desirable that the pact to be drawn up\nshould make mention that when a controversy, under 4, 5 and\n6 of Section A, Chapter VIII of the project, does not reach\na solution by agreement between the parties, the Security\nCouncil should submit the question to the International Court\nof Justice, or to a Court of Arbitration to be organized in\naccordance with the methods foreseen in the Geneva Protocol\nof October 2, 1924, depending upon whether or not it deals\nwith a conflict of a juridical nature, excepting, however,\nthe questions dealt with in paragraph 7--questions which inter- -\nnational law leaves to the exclusive competence of each state.\nIt seems to it that the action of the Security Council should\nonly make itself felt, in these cases, for that purpose, and\nto maintain and restore peace, or to assure the fulfillment of\na judgment.\n6. It is believed to be indispensable that decision\nshould not be left to the interested party, during the course\nof a controversy in which peace is endangered, as to whether\nit should be included among those questions which interna-\ntional law leaves to the exclusive competence of the inter-\nested state (Paragraph 7, Section A, Chapter VIII), it being\ndeemed advisable that, in each case, the classification of\nthese questions be referred to the International Court of\nJustice at the request of one of the parties or of the Security\nCouncil. It is understood that, if the decision of the Court\nis affirmative, the Security Council should take measures,\nif necessary, to prevent any disturbance of peace and inter-\nnational security, and that, if the Court should decide that\nthe controversy is not of such a character, the Council should\nsubmit it to the processes prescribed in the pact to be drawn\nup, for the pacific solution of international conflicts.\n7. It considers that a State convoked as a member ad hoc\nof the Security Council, Paragraphs 4 and 5, Section D, Chap-\nter VI of the project, since it is involved in or party to a\ncontroversy submitted to that body, should have a voting status\nequal to that of titular members, it being believed that the\nlatter, under such conditions, should not have the right to\nvote.\n-2-\n254"
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