Abstract

Abstract This chapter covers Art 35 of the UN Charter, which grants UN member and non-member States the right to communicate to the Security Council SC or General Assembly GA disputes or situations deemed necessary to be addressed by the two UN organs. It explains that Art 35 gives UN member States a comprehensive right of referral as they have a collective interest in the prevention and resolution of conflicts under the UN Charter. It also points out that non-member States can only have a comprehensive right of referral with respect to disputes to which they are a party. The chapter details how the right of referral turns into a duty for member States if they fail to peacefully settle their dispute. It discusses States vested with the right to make a referral under Art 35 that have the option to address either the SC or the GA.

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