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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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