Lot 60–D 224, Box 55: D.O./P.R./9

Memorandum by the Under Secretary of State ( Stettinius ) to the Secretary of State

Subject: Progress Report on Dumbarton Oaks Conversations—Tenth Day

Meeting of the Formulation Group on General Organization

The Formulation Group of the Subcommittee on General Organization met this morning and reached a tentative agreement on the following points on the Pacific Settlement of Disputes.

1.
The parties to any dispute the continuance of which is likely to endanger peace should be obligated to seek a settlement by peaceful means of their own choice.
2.
The council should watch the situation, investigate it, and by all the means in its power, encourage states to peacefully settle their disputes. If, nevertheless, the parties fail to settle it by such means they should be obligated to refer it to the council, which should be empowered, at any stage of a dispute, to recommend appropriate procedures or methods of adjustment.
3.
Should the council deem that a failure to settle a dispute in accordance with its recommendations constitutes a threat to the maintenance of peace and security, it should be empowered to take all measures necessary to maintain peace in accordance with the purposes and principles of the organization.
4.
Justiciable disputes should normally be referred to the international court of justice and the council should be empowered to refer to the court for advice legal aspects of other disputes.
5.
The provisions of the preceding paragraphs of this section should apply equally to non-member states.

Meeting of the Formulation Group on Security

The Formulation Group on Security reached tentative agreement on the following points relating to the determination of threats to and breaches of the peace and action with regard thereto.

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1.
The Committee agreed that the council should be empowered to determine when a threat to or breach of the peace exists and should decide upon the action to be recommended or taken to maintain or restore peace.
2.
The council should be empowered to determine what non-military measures should be employed and to call upon member states to apply these measures.
3.
If other measures prove inadequate, the council should be authorized to provide for the use of armed force.
4.
All states should be obligated to assist the council to the utmost of their power in carrying out these actions.
5.
The question of member states affording relief to states assuming undue burdens in enforcement action was reserved for decision by the Steering Committee.
6.
Member States should undertake to make available to the council on demand armed forces and facilities necessary for the maintenance of peace and security in accordance with a special agreement or agreements. Such agreement or agreements would come into effect when ratified by the number of states to be determined by the council, including all permanent members of the council.
7.
A Soviet proposal in regard to an international air corps was referred to the Steering Committee.
8.
Plans for the application of force would be made by the council aided by a military commission.
9.
Pending the conclusion of the above-mentioned special agreement or agreements the states party to the Moscow Declaration, and other states in a position to do so, would provide forces and facilities necessary for the maintenance of peace and security.