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CHAPTER XVII
TRANSITIONAL SECURITY ARRANGEMENTS

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, October 30, 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
.

This Article must be considered along with Article 107 which is inti-
mately linked up with it. It is intended to provide the basis for the
necessary action to maintain international peace and security during
the period when the normal Charter arrangements are in the process
of being developed.

Length of Transitional Period. The powers and duties of the Security
Council with respect to enforcement action to maintain peace and
security are laid down in Chapter VII and specially in Articles 39, 41
and 42. The taking of action under Article 42 depends upon the exist-
ence of special agreements concluded under the terms of Article 43. A
considerable period of time is bound to elapse, if we take the most opti-
mistic view, between the entrance into force of the Charter and the
entrance into force of the special agreement or agreements provided
for in Article 43. The situation during that period will be that, while
the United Nations is in existence, the Security Council, primarily
responsible for the maintenance of peace and security, will not have
the means at its disposal for performing its function to maintain inter-
national peace and security. Article 106 aims at providing for the
maintenance of peace and security during this period. The special
responsibilities placed upon the signatories of the Moscow Declaration
and France will be operative until such time as the Security Council
deems that the agreements referred to in Article 43 "enable it to begin
the exercise of its responsibilities under Article 42." The decision of
the Security Council as to whether it is able to begin the exercise of its

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Publication Information: Book Title: Charter of the United Nations: Commentary and Documents. Contributors: Leland M. Goodrich - author, Edvard Hambro - author. Publisher: World Peace Foundation. Place of Publication: Boston. Publication Year: 1946. Page Number: 286.
    
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