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Article 106
Pending the coming into force of such special agreements referred to in Article 43 as in the opinion of the Security Council enable it to begin the exercise of its responsibilities under Article 42, the parties to the Four-Nation Declaration, signed at Moscow, 30 October 1943, and France, shall, in accordance with the provisions of paragraph 5 of that Declaration, consult with one another and as occasion requires with other Members of the United Nations with a view to such joint action on behalf of the Organization as may be necessary for the purpose of maintaining international peace and security.


Article 106 of the United Nations CharterTheodore M. Cooperstein, U.S. Attorneys Office (SDFL)

Abstract
Article 106 of the United Nations Charter began as an interim measure, designed to ensure that the Allies might continue to fight the Second World War and secure the post-war peace during the time that it took to make the new Organization fully operational. Althought the Organization never quite came into operation as expected, and Article 106 thereby remains in effect, the United Nations has not yet called upon Article 106 to justify any measure. Article 106's disappearance today would make little to no difference to the current arrangement. Its continued presence and valdity, however, does hold the potential of aiding the Five Powers in the case that they unanimously agree yet fail to command a requisite majority in the Security Council.
Suggested Citation
Theodore M. Cooperstein. "Article 106 of the United Nations Charter" Texas Review of Law & Politics 11.2 (2007): 353-374.
Available at: http://works.bepress.com/theodore_cooperstein/2


OK, given that Art. 43 agreements for collective action ahve never been signed by any UN member-states, Art. 106 still technically remains in force if somehwat outdated- but by the same token has never been used for the basis of any UN enforcement action. Recalling an article I used in writing my thesis which was from the 1993 GEORGETOWN LAW JOURNAL discussing the merits of a UN standing army- which proposed further enforcement action under the aegis of this otherwise dead letter- WI Art. 106 had been used to authorise UN enforcement actions at any time since say the Korean War ? WI say Art. 106 had been used to authorise enforcement actions in the post-Cold War era ?
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