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U N Charter pdf Regarding Regional Arrangements
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Q. 2. Write a brief note on the provision of the U.N. Charter regarding Regional Arrangements.
Ans. The U.N. Charter accepts the concept of regional arrangements for securing regional pêace, security and co-operation. Initially, when discussions were being held over the issue of the nature and organisation’ of the proposed international organisation, many scholars expressed doubts about the utility of regional arrangements as devices of peace and security. They feared that regional arrangements and alliances would be counter productive in so far as these would
encourage competition and conflict among nations. Some other scholars, while accepting the concept of “regional arrangement” unwanted that should be made obligatory that every regional arrangements should take enforcement action only under authorisation from the security .Council of the new international organisations. Many countries, particularly belonging to the American states and Arab League, oppose the above views and advocated the necessity and desirability of providing for regional arrangements along with the multipurpose international organisation.
Provisions of U.N. Charter Regarding Regional Arrangements
In 1945, it was mainly under the pressure exerted by American, States. Frànce, Arab League, former U.S.S.R. and several other countries that Regional Arrangements were recognised by the U.N. Charter. Chapter VIII of the U.N. Charter stands fully devoted to Regional Arrangements Article 52 of the Charter clearly states; “Nothing in the present charter precludes the existence of regional arrangements or agencies of delaing with such matters relating to the maintenance of international peace and security as are appropriate for regional action, provided that such arrangements or agencies and their activities are consistent with the Purpose and Principles of the United Nations.” This article further accepts the principles that members of regional arrangements shall try to achieve pacific settlement of local disputes through such regional arrangements.
However, these provisions do not constitute any limitation on the power of the Security Council regarding the Settlement of disputes among states. Clarify the relation between the peace keeping roles of the Security Council and the regional arrangements. “The Security Council shall, where appropriate, utilise such regional arrangements or agencies of enforcement action under its authority. But no enforcement action shall be taken under regional arrangenments or by regional agencies without the authorisation of the Security Council, with the exception of measures against any enemy state -“The Security Council, at all times, be kept fully informed of activities undertaken or in contemplation under regional arrangements or by regional agencies for the maintenance, of international peace and security.”
Role of Regional Arrangements
The U.N. Charter recognises regional arrangements as devices of regional peace and security. However, lhe Charter no where defines regional arrangements or agencies. it leaves the whole question of heir character and purposes, and o their cxact relations with the ed Nations,” write Palemer and Perkins, “very much up in the air.”
(i) Regional Arrangements and Working of the United Nations-The inability of the United Nations to act as an effective peace keeping agency at international level has encouraged many states to join regional arrangements. The non-communist states in particular have been encouraged to join the western alliances because of the ineffectiveness of the United Nations. However, this in turn has further weakened the United Nations. As Carlos Romulo of Philippines has observed. “The U.N. is dying because member states are more and more taking the great political issucs outside the framework of the organisation.” Although Art 103 of the U.N. Charter states that in the even of conlict between the obligations of ihe members of the United Nations under the present Charter and their obligations and under any other international agreement, their obligations under the present Charter shall prevail, “yet in actual practice the members of the regional security arrangements havc often ignored the wishes of the United Nations in favour of the decades of their regional arrangements.”.
(ii) Regional Arrangements as Instruments of International Peace or Cold War- The supporters of regional arrangements insist that these devices are wholly consistent with the United Nations Charter and that these are neccssary steps in regional or collective sclf-defence. The Charter specifically recognises the right of nations to take action of this sort until and unless the United Nations is able to assert itself cffectively in the maintenance of peace. As against such a defence of the regional arrangements, the critics hold that these involve the danger of increasing international rivalry. “There is real danger that they will develop into military allinaces against some country or countrics (As happened in 1950s and 60s), that they will provoke counter measures-that they wil increase international tensions and thereby accentuate the very evils they are presumably designed to prevent.” In the words of Leland M. Goodrich “l must be clearly recognised, however, that the world organisation is not being strengthened by the multiplication and tightening of these regional security arrangements.” In the post-war era of international relations, the regional security arrangements have been largely the instruments of cold war.
(iii) Negative role of Regional Military Arrangements-Further, the bipolar politics and cold war ‘situation had given strength to regionalism over and above the United Nations and the spirit of internationalism that it manifests. Regionalism often paralysed the U.N. In the words of Edger S. Furnies, “In the name of regional arrangements, the U.N. has been laced in a position of inferiority, so that now the link between the regional arrangements and the world organisation
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