SFC34
REGIONAL ARRANGEMENTS:

On 22nd May Senator Vandenberg [1] presented to the Sub-Committee
appointed by Commission III Committee 4 to analyse classify and,
if possible, amalgamate amendments to chapter VIII Section C [2] a
formula agreed to by the Latin American Countries and the four
sponsoring Governments. In presenting the formula Vandenberg paid
a tribute to the assistance given by various Delegations and said
that the Australian amendment suggesting a new section D of
chapter VIII had been 'right on the beam'.

The most important part of the formula is as follows:-

'Nothing in this charter impairs the inherent right of individual
or collective self-defence if an armed attack occurs against a
member state until the Security Council has taken the measures
necessary to maintain International peace and security. Measures
taken in the exercise of this right of self defence shall be
immediately reported to the Security Council and shall not, in any
way, affect the authority and responsibility of the Security
Council under this charter to take at any time such action as it
may deem necessary in order to maintain or restore international
peace and security.'
It will be noted that, although the right of individual or
collective self defence against armed attack is recognised, this,
in no way, impairs the right of the Security Council to deal with
the dispute at any time.

The abovementioned text was unanimously approved by the Sub-
Committee of which Australia is a member but discussion arose as
to the place in the charter where the text should be inserted. The
text as approved by the Four Sponsoring Governments was headed
'Chapter VIII Section B. New Paragraph 12'. Although the United
States and Australia advocated creation of a new section and was
supported by a majority of the Committee, the Soviet and the
French Representatives argued that the logical place was section B
of Chapter VIII. By a vote of 8 to 4, however, the Sub-Committee
decided to recommend insertion of the text in a new section D of
chapter VIII.

The Vandenberg formula accepted by the Sub-Committee also involved
two additional amendments:-

(1) Insertion of the following in paragraph 1 of chapter VIII
section C.

(I) After the first sentence insertion of the following new
sentence.

'The member states comprising such agencies or entering into such
arrangements should make every effort to achieve peaceful
settlement of local disputes through such agencies or arrangements
before referring them to the Security Council.'
(II) After the word 'encourage' in the second sentence of the
original Dumbarton Oaks text of the additional words 'The
development of peaceful'.

(III) Insertion of a new last sentence namely 'This paragraph in
no way impairs the application of paragraphs 1 and 2 of section A
of this chapter'.

Egypt wished to acid to Section C paragraph 1 as amended above a
definition of 'Regional Arrangements' but as she had not obtained
permission under the Conference rules to circulate her amendment
this matter will be considered later.

The Sub-Committee decided to defer consideration of an amendment
to paragraph 2 of chapter VIII C proposed by the four Sponsoring
Governments under which enforcement action without the prior
authorisation of the Security Council is permitted against Enemy
States in this war or in regional arrangements against renewal of
aggressive policy on the part of such states until such time as
the world organisation may be charged with the responsibility for
preventing such further aggression. This was done to enable France
to discuss with the four Sponsoring Governments the wording of the
amendment provided for above.

On 23rd May the Sub-Committee presented an interim report to the
Committee III/4 and the Committee unanimously approved the
Vandenberg formula. Australia stated that it withdrew its
amendment authorising self defensive action if the Council did not
itself take measures to deal with a dispute and did not authorise
action to be taken under a regional arrangement or agency because
the Vandenberg formula preserved the substance of the Australian
amendment which was designed in the first place to maintain the
overall jurisdiction and responsibility of the Security Council.

As there had been some suggestion during the debate that the
phrase 'Collective self defence' referred exclusively to regional
self defence, Australia asked that it should be recorded that she
interpreted the phrase 'collective self defence' in a wide sense,
specially covering the words 'any arrangements' mentioned in the
Australian amendment. The object was to make it clear that
operation of self defensive arrangements which might not properly
fall within the definition of 'Regional' arrangements were not
excluded under the formula.

There was considerable discussion in Committee as to the most
appropriate place for insertion in the charter of that portion of
the Vandenberg formula first set out above. In spite of some
opposition the Committee decided by a substantial majority to
recommend to the Co-Ordination Committee insertion of the text in
a section D of chapter VIII instead of as a new paragraph 12 of
Section B of chapter VIII.

Although the Four Powers amendment to paragraph 2 of VIII C
referred to above remains to be considered, it is not anticipated
that there will be any difficulty in settling this matter. It is
unlikely that the Egyptian amendment will receive any substantial
support as it is designed primarily to secure recognition and
perhaps approval of the special status of Pan-Arab regional
[system]. [3]

Although Latin American Countries have not succeeded in securing
acceptance of their earlier view that the World Organisation
should have no right to interfere with regional organisations
until the latter prove incapable of handling any dispute which has
arisen, they appear to be satisfied with the Vandenberg formula.

The ['middle line'] taken by the Australians played no small part
in securing acceptance of the compromise formula eventually
adopted.