59 STAT.] MULTILATERAL-CHARTER OF UNITED NATIONS-JUNE 26, 1945 2. If the Security Council deems that the con- tinuance of the dispute is in fact likely to endanger the maintenance of international peace and se- curity, it shall decide whether to take action under Article 36 or to recommend such terms of settle- ment as it may consider appropriate. Article 38 Without prejudice to the provisions of Articles 33 to 37, the Security Council may, if all the par- ties to any dispute so request, make recommenda- tions to the parties with a view to a pacific settle- ment of the dispute. CHAPTER VII ACTION WITH RESPECT TO THREATS TO THE PEACE, BREACHES OF THE PEACE, AND ACTS OF AGGRESSION Article 39 The Security Council shall determine the exist- ence of any threat to the peace, breach of the peace, or act of aggression and shall make recom- mendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and se- curity. Article 40 In order to prevent an aggravation of the situa- tion, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional mess- ures as it deems necessary or desirable. Such pro- visional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures. Article 41 The Security Council may decide what meas- ures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include com- plete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the sev- erance of diplomatic relations. Article 42 Should the Security Council considerthat meas- ures provided for in Article 41 would be inade- quate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, orland forces of Members of the United Nations. Article 43 1. All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, on its call and in accord- ance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security. 2. Such agreement or agreements shall govern the numbers and types of forces, their degree of readiness and general location, and the nature of the facilities and assistance to be provided. 3. The agreement or agreements shall be ne- gotiated as soon as possible on the initiative of the Security Council. They shall be concluded be- tween the Security Council and Members or be- tween the SecurityCouncil and groups of Members and shall be subject to ratification by the signatory states in accordance with their respective constitu- tional processes. Article 44 When the Security Council has decided to use force it shall, before calling upon a Member not 1043
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