252             FOREIGN RELATIONS, 1946, VOLUME I

  [Here follows section on the Soviet proposal for Rule 19 of the
provisional rules of February 5.]
  "Rule 31. Should the Security Council consider a dispute, provided
for by Article 33 87 of the Charter, a party to the dispute shall abstain
from voting in accordance with paragraph 3 of Article 27 88 of the
Charter.
  Should the Security Council consider a situation provided for by
Article 3489 or any other dispute which does not fall under Article 33,
all the members of the Security Council are entitled to participate
in voting.
  The decision of whether the question under consideration by the
Security Council is of procedural nature and also of whether the
question under consideration is a dispute or situation and whether this
dispute is of the nature referred to in Article 33 of the Charter shall
be regarded as accepted if it is voted for by seven members of the
Security Council including the concurring votes of all the permanent
members of the Security Council. ["]
  [Here follows Soviet proposal for new Rules 32, 33, and 40.]
                                                           [STETTINIUS]

"dispute" and "situation" with reference to the voting
procedure of the Security
Council under Article 27, in the light of the experience of the Security
Council
during the sessions in London in January and February. It was at this point
that
the Soviet proposal was presented. It may be noted parenthetically that in
the
Department of State meanwhile a rather general approach was being taken to
the whole question of rules of procedure.
  The Soviet proposal was printed as Committee of Experts document S/Pro-
cedure/17, March 22, 1946 and the Secretary-General's memorandum as docu-
ment S/Procedure/12, March 18, 1946; the Secretariat memorandum is printed
in SC, 1st yr., 1st series, SuppZ. No. 2, pp. 8 ff., annex lb.
  The Russians submitted four proposed rules of procedure, both amendments
to
existing (provisional) rules and wholly new rules. Only the rule relating
to voting
under Article 27 (proposed Rule 31) is considered here.
8'Article 33 states: "1. The parties to any dispute, the continuance
of which
is likely to endanger the maintenance of international peace and security,
shall,
first of all, seek a solution by negotiation, enquiry, mediation, conciliation,
arbi-
tration, judicial settlement, resort to regional agencies or arrangements,
or other
peaceful means of their own choice. 2. The Security Council shall, when it
deems
necessary, call upon the parties to settle their dispute by such means."
  88 Article 27 reads: "1. Each member of the Security Council shall
have one
vote. 2. Decisions of the Security Council on procedural matters shall be
made
by an affirmative vote of seven members. 3. Decisions of the Security Council
on
all other matters shall be made by an affirmative vote of seven members includ-
ing the concurring votes of the permanent members; provided that, in decisions
under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute
shall abstain from voting."
  9 Article 34 reads: "The Security Council may investigate any dispute,
or any
situation which might lead to international friction or give rise to a dispute,
In
order to determine whether the continuance of the dispute or situation is
likely
to endanger the maintenance of international peace and security."