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52 Geo. L. J. 89 (1963-1964)
Regional Enforcement Measures and the United Nations

handle is hein.journals/glj52 and id is 99 raw text is: REGIONAL ENFORCEMENT MEASURES AND THE
UNITED NATIONS
JOHN W. HALDERMAN*
Examining the measures taken by the Organization of American States
against the Dominican Republic in 1960, and Cuba in 1962, in the light of
the Charter of the United Nations, the author points out the various legal
explanations and justifications heretofore propounded. Mr. Halderman con-
cludes that the quarantine measure was in the nature of collective self-
defense and not an enforcement action such as would require United
Nations authorization under the Charter. As to the earlier cases, which did
not involve imminent threats to peace, it is considered that the authorization
requirement might have been applicable. It is also suggested that in perhaps
none of these cases was this requirement given sufficient consideration in
light of its importance as a Charter principle.
INTRODUCTION
In 1960 the Organization of American States found the Dominican
Republic responsible for wrongful actions directed against Venezuela
and decided that collective action is justified under . . . the Charter of
the OAS. It proceeded to apply the following measures:
(a) breaking of diplomatic relations of all the member states with the Dominican
Republic;
(b) partial interruption of economic relations of all the member states with
the Dominican Republic, beginning with the immediate suspension of trade in
arms and implements of war.1
At the Punta del Este Conference of January 1962, the OAS resolved
to suspend all trade in arms with Cuba, on the part of the member states,
as a measure designed to deal with the threat to the hemisphere brought
about by Cuba's introduction of communism into the region.2
In October 1962, the OAS authorized a quarantine of Cuba, which
was carried out mainly by the United States, designed to prevent the
further introduction of strategic Soviet missiles into Cuba and directed
especially against Soviet shipping approaching that country. The OAS
resolution in question considered that the secret introduction of such
weapons into Cuba had endangered the peace of the hemisphere within the
* World Rule of Law Center, Duke University School of Law; LL.B., University
of Oregon; formerly a member of the United States Department of State and Foreign
Service; Secretary of Committee IV/1 at the San Francisco Conference.
1 Res. of Aug. 20, 1960, 43 Dep't State Bull. 358 (1960).
2 Res. of Jan. 31, 1962, 46 Dep't State Bull. 282 (1962).
89

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