10.2 Role of the United Nations and Regional Organizations

The United Nations: The Security Council (Chapter VI): peaceful-settlement recommendations (Arts. 33–36); the investigation power (Art. 34); the parties' referral or the Council's own motion; the Chapter VII escalation beyond (Unit 11); The General Assembly (Arts. 10–14): discussion and recommendations; the Uniting for Peace resolution (1950) — the Assembly's peace-recommendation role when the Council deadlocks; The Secretary-General (Article 99): the power to bring to the Council's attention any matter threatening peace — the good-offices practice's charter basis; preventive diplomacy; The ICJ — the system's judicial organ (below). Regional organizations (Chapter VIII, Article 52): the regional agencies' dispute-settlement role — the OAS's and AU's mechanisms; ASEAN's Treaty of Amity. SAARC's structural weakness — the South Asian paragraph: the SAARC Charter excludes bilateral and contentious issues from the Association's competence — the region's disputes constitutionally outside SAARC's door: the sovereignty-preserving bargain (Nepal among the architects) and its price — no regional dispute-settlement machinery at all; the comparative lesson: SAARC as the counter-model to the African and Inter-American systems. Nepal's treaty-practice riders: the arbitration and ISDS clauses of its investment treaties — the modern dispute-settlement economy's Nepali entries.