Regional Arrangement – United Nations Organisations Chapter-8 of the Charter makes provision for regional arrangements. This chapter contains articles 52, 53, 54.
According to Article 52(1) of the Charter, regional arrangements may be made by the States for the settlement of matters relating to the maintenance of international peace and security.
The meaning of this provision is that the obligations assumed by the members under the Charter are supreme and cannot be violated by the members either before or after the establishment of the organization. The reason for this is that the principle set forth in the Charter has acquired the status of an adherent principle.(Principles of jus Cogens).
The territorial arrangement is a treaty, so it is required to be registered and published by the UN Secretariat in accordance with Article 102 of the Charter.
The Charter confers a number of functions on regional arrangements or organizations. These functions are –
The settlement of disputes by peaceful means is one of the principles of the United Nations. Paragraph (2) of Article 52 of the Charter mentions this function of the regional organization.
According to clause (2) of Article 52, “the members of the United Nations who make such arrangements or constitute such agencies shall, before referring local disputes to the Security Council, through such regional arrangements or by such regional agencies.” Will do everything possible for their peaceful settlement.
According to paragraph (3) of Article 52, “The Security Council shall encourage the promotion of the peaceful settlement of local disputes through such regional arrangements or by such regional agencies at the inspiration of the States concerned or on the direction of the Security Council.”
Regional organizations may also take “enforcement proceedings” in accordance with the provisions of Article 53 of the Charter. Where appropriate in accordance with this article, the Security Council shall use such regional arrangements or agencies for enforcement action to be taken under its authority.
Regional arrangements can also act without the authority of the Security Council. If regional arrangements take any enforcement action to maintain peace and security, they are obliged at all times to notify the Security Council in accordance with Article 54 of the Charter.
