NEW YORK, (Kyodo) Japan and the United States are referencing a section of the U.N. Charter that sets out the Security Council’s powers — including use of force — in a resolution being drafted to respond to North Korea’s nuclear test earlier in the week.

The UNSC is “acting under Chapter VII of the Charter of the United Nations,” according to the draft obtained by Kyodo News.

Chapter VII spells out the powers the council can use to maintain international peace and security, including military action.

Seven key U.N. members failed Thursday to reach a final accord on a resolution the UNSC plans to adopt in response to North Korea’s nuclear test, making it unlikely the new resolution will be adopted until at least next week.

Ambassadors of the five permanent council members — the United States, Britain, France, Russia and China — plus Japan and South Korea tried to iron out their differences during their third round of talks, which they held based on the draft paper, U.N. diplomatic sources said.

The major focus of attention was strengthening the enforcement of inspections of North Korean cargo as stipulated under Resolution 1718, according to the sources.

The resolution, adopted in October 2006 after North Korea’s first nuclear test, bans Pyongyang from engaging in any ballistic missile or nuclear activity.

The resolution also says all U.N. members are “called upon” to take “cooperative action including through inspection of cargo to and from” North Korea.

The United States strongly proposed the new resolution include a phrase making cargo inspection on the part of the U.N. members “compulsory” rather than “calling upon” them to cooperate, the sources said. China remains cautious.

The draft paper’s reference to Chapter VII reflects Washington’s insistence that the chapter is necessary in view of possible military conflict during inspections of North Korean cargo by U.N. members, the sources said.

The paper, expressing “the gravest concern” at Monday’s North Korean nuclear test, described the action as a “flagrant violation” of Resolution 1718.

The draft said the council calls on all U.N. members “immediately to enforce” measures stipulated by Resolution 1718.

According to the diplomatic sources, sanctions being considered by the key U.N. members are the expansion of the trade embargo against North Korea, an expanded freeze on the assets of North Korean entities, the imposition of financial sanctions and the designation of North Korean officials subject to a travel ban.

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