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Show • • .. --- ... 138 • BRAZILIAN COMMENTS A NO AMENDMENTS - CHAPrE.;R VIII .. - ... --- The Delegation of Brazil believes that, in the case to in Chapter VIII, Section A, paragraph 7, the qua.lification of questions that, by internat ional law, are of the exclusive competence of a Sta.te should be referred to referred the permanent international court of jU$tice in order to avoid all undue freedom in the matter. The Delegation there fore suggests tr.tat to Section .A there be added a paragraph 8 as fo 11 ows : "If, oontroversy, one of t be litigating the controversial quo stion falls that alleges its within domestic solely jurisdiction, it srall be the duty of the Permanent International Court of Jus tice to make a p r-onoucerren t on the matter at the request or one of the parties or of tl1e Socurity Council. in some States If the decision of the parties do not theCourt is in tho affirroo. tive, am reach an agreement by means of dip lomatic negotiation, the litigation sba Ll, be to tho procedure of conciliation. If n the case should be decided by arbitration. submitted thls3ethod fails, It seoms desirable that the pact to be drawn up 50 should make mention th$ when til. controversy,' under 4, 5, and 6 of Section A, Chapter VIII of the project, docs not reach a solution by agreement between the par ties, the Security Council should submit the qre s t Lcn to the International Court of Justice, or to a Court of Arbitration to 'be organ ized in accordance wit h the methods foreseen in the Geneva Protocol of 0 e to ber 2, 1924, dependi ng upon wh ether or not deals with a conflic t of tl juridical na ture, excep ting, the questions dealt with in paragraph 7 que stions which intcrnat ional law leaves to t he exclusive competence to it that the action of the It sees of each at.a t e Security Council should only make itself felt, in these cases, for the purpose, and to maintain and restore peace, or to assure the fulfillmont of a judgment .37 it -- however, , 36 Seo 37Soo Appe nd Lx IV, p •. 190. AnlH:ncUx III" pc 182., |