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ones enunciate the general principles of the Organization
and regulate its internal structure. Chapter VIII sets
forth the rules of action of this organization in its most
serious and important functions, that is, in the mainte-
nance of international peace and security and the prevention
and suppression of aggression.
The close connection that exists among the various
recommendations of this chapter, as well as the propriety
and the necessity of obtaining a unitary and integral
view of its problems, impels us to make a general com-
mentary, which will be supplemented with observations
referring to each of the points which merit special consid-
eration.
Studied as a whole, the chapter inspires the fol-
lowing reflections:
(1) The essential powers of the international
organization, in respect of the settlement of interna-
tional disputes are concentrated in the Security Council,
that is, in a political instrument whose action is bound
to be strongly influenced, whatever the system of voting
that may be followed, by the will and the interests of
the States which are permanent members thereof.
(2) The powers of the Council are not only broad
from the point of view of the almost exclusive character
of its competence but also from the point of view of the
discretional use which it could make of its attributions,
since it would be implicitly empowered to decide, in
dach case, whether or not a controversy exists and whether
or not the controversy requires the intervention of the
organization.
(3) The ignorance which still exists as to the
Council's system of voting gives a provisional and
aleatory character to any judgment of the present system
of solving conflicts. In any case, the principle sup-
ported in the draft, that the Council is the principal
organ for such solution, raises the question, as
important as it is difficult, that if unanimity is re-
quired the agency may be deprived of efficiency, and if
a simple najority is required its decisions would be
deprived of moral authority and of effective material
assistance.
- 19 -
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"ocrText": "1\nones enunciate the general principles of the Organization\nand regulate its internal structure. Chapter VIII sets\nforth the rules of action of this organization in its most\nserious and important functions, that is, in the mainte-\nnance of international peace and security and the prevention\nand suppression of aggression.\nThe close connection that exists among the various\nrecommendations of this chapter, as well as the propriety\nand the necessity of obtaining a unitary and integral\nview of its problems, impels us to make a general com-\nmentary, which will be supplemented with observations\nreferring to each of the points which merit special consid-\neration.\nStudied as a whole, the chapter inspires the fol-\nlowing reflections:\n(1) The essential powers of the international\norganization, in respect of the settlement of interna-\ntional disputes are concentrated in the Security Council,\nthat is, in a political instrument whose action is bound\nto be strongly influenced, whatever the system of voting\nthat may be followed, by the will and the interests of\nthe States which are permanent members thereof.\n(2) The powers of the Council are not only broad\nfrom the point of view of the almost exclusive character\nof its competence but also from the point of view of the\ndiscretional use which it could make of its attributions,\nsince it would be implicitly empowered to decide, in\ndach case, whether or not a controversy exists and whether\nor not the controversy requires the intervention of the\norganization.\n(3) The ignorance which still exists as to the\nCouncil's system of voting gives a provisional and\naleatory character to any judgment of the present system\nof solving conflicts. In any case, the principle sup-\nported in the draft, that the Council is the principal\norgan for such solution, raises the question, as\nimportant as it is difficult, that if unanimity is re-\nquired the agency may be deprived of efficiency, and if\na simple najority is required its decisions would be\ndeprived of moral authority and of effective material\nassistance.\n- 19 -\nARCHIVES SERVICE\nRECORDS"
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