54

portant of these functions, as set forth in its constitution, are: to direct and coordinate international health work; to collaborate with the United Nations and other interested governmental and professional organizations; to give technical assistance to governments in strengthening health services and in meeting emergencies; to promote research in the field of health; to promote, with other agencies when necessary, the eradication of epidemic, endemic, and other diseases, the prevention of accidents, the improvement of nutrition, housing, sanitation, recreation, economic conditions, and other activities in the field of mental hygiene and public-health work.

Pursuant to the President's message, S. J. Res. 98, a joint resolution "Providing for membership and participation by the United States in the World Health Organization and authorizing an appropriation therefor" was introduced in the Senate and referred to its Foreign Relations Committee. It was unanimously reported favorably to the Senate by the Committee on July 2, 1947, with one amendment designed to make certain that the obligations of the United States vis-à-vis WHO could not be drastically changed without the consent of the Congress.55 When this measure came to be considered on the floor of the Senate, July 3, 1947, Senator Vandenberg put the matter thus:

"We found that the constitution of the World Health Organization permits amendment of the constitution by two-thirds of the membership, regardless of where the votes may come from. In other words, we could have confronted an obligation under the charter of the World Health Organization, which could have been changed without our consent, under the terms of the constitution. Therefore, the committee has added an amendment which is a 90-day escape clause, and permits us to retire from the World Health Or

"The full text of the constitution may be found in S. Rept. 421, 80th Cong., 1st sess., pp. 8-18 (1947).

55 This amendment (S. Rept. 421, 80th Cong., 1st sess., p. 7 (1947)) reads: "SECTION 4. In adopting this joint resolution the Congress does so with the understanding that, in the absence of any provision in the World Health Organization Constitution for withdrawal from the Organization, the United States reserves its right to withdraw from the Organization on a 90-day notice: Provided, however, That the financial obligations of the United States to the Organization shall be met in full for the Organization's current fiscal year." Governments, includ

ganization on 90 days' notice, whenever it is considered to be in the national interest".56

There was general senatorial agreement on the legislation, except that Senator Donnell objected that the Senate had not had opportunity to study the constitution of WHO.57 However, when the Senate next took up the resolution on July 6, 1947, it passed on the following day, with virtually no debate, as amended by the Foreign Relations Committee, minus the clause, "in the absence of any provision in the World Health Organization constitution for withdrawal from the Organization", which had appeared in the Committee's report.

The companion measure, H. J. Res. 161, introduced in the House of Representatives by Dr. Walter H. Judd, was favorably reported to the House by its Committee on Foreign Affairs, July 17, 1947, but the House did not take up the measure. Certain amendments, however, were recommended, providing for a loyalty screening by the Federal Bureau of Investigation of United States Representatives to WHO and insuring that no citizen of, or resident in, the United States should participate in any session, conference, meeting, or other work of the Organization without the consent of the Secretary of State. Another amendment limits the authorization for appropriations to a sum not to exceed $1,920,000 for the fiscal year beginning July 1, 1947, for the payment of the United States share of the expenses of the Organization, including its Interim Commission, and to a sum not to exceed $83,000 (for the same fiscal year) to cover United States expenses incident to participation.59 The last amendment recommended by the House Committee is almost identical with the one proposed by the Senate Committee, except that the former

ing that of the United States, are extremely wary of the possibility of being bound by international obligations to which they have not specifically consented. The Congress has attached reservations in accepting the constitution of FAO and UNESCO to safeguard this Government against amendments to the constitutions of those organizations imposing new obligations upon the United States without its consent.

contains a one-year escape clause instead of the 90-day provision.0

C. The International Children's Emergency Fund Article 55 of the United Nations Charter imposes upon the Organization an important obligation, in the following words:

With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote:

a. higher standards of living, full employment, and conditions of economic and social progress and development;

b. solutions of international economic, social, health, and related problems; and international cultural and educational cooperation; and

c. universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.

One of these vital international health and social problems concerns the children of Europe and Asia. Millions of children in these areas are suffering from undernourishment, malnutrition, and disease as a result of destruction and dislocation wrought by World War II. The United Nations took a significant step forward in alleviating the suffering of these children when its Economic and Social Council in September 1946 unanimously passed a resolution recommending the creation by the General Assembly of an International Children's Emergency Fund, subject to the control of the Economic and Social Council. The recommendation was further made that the Secretary-General of the United Nations prepare for the General Assembly, in consultation with the President of the Economic and Social Council, the Director General of the United Nations Relief and Rehabilitation Administration (UNRRA), and the Standing Committee of the latter, a draft resolution creating such a Fund. When the

1 U.N. doc. E/235, Oct. 9, 1946. This action came about through consultation and cooperation with the UNRRA Council, which had, several weeks previously at its Geneva session, originated the proposal for the establishment of the Fund in view of the disastrous effect the impending liquidation of UNRRA was expected to have on child feeding, an important UNRRA activity. See John J. Charnow, "The International Children's Emergency Fund", BULLETIN of Mar. 16, 1947, p. 466.

The Main Committees of the General Assembly are:

General Assembly met for the second part of its first session, the draft resolution, which had meantime been prepared and had been approved unanimously by the General Assembly's Third Committee,62 received Assembly approval at its fifty-sixth plenary meeting, December 11, 1946.

64

The more important provisions of the General Assembly resolution establishing the Fund restrict its benefits to children and adolescents of countries which were victims of aggression and for general child-health purposes.63 Paragraph 2(a) states that "The Fund shall consist of any assets made available by UNRRA or any voluntary contributions made available by Governments, voluntary agencies, individual or other sources. It shall be authorized to receive funds, contributions or other assistance from any of the foregoing sources; to make expenditures and to finance or arrange for the provision of supplies, material, services and technical assistance for the furtherance of the foregoing purposes. . . . "(italics supplied by the author.) 6 Paragraph 4(c) provides that "To the maximum extent feasible, the utilization of the staff and technical assistance of specialized agencies, in particular the World Health Organization or its Interim Commission, shall be requested, with a view to reducing to a minimum the separate personnel requirements of the Fund" 65 The Fund is based upon the concept of leaving with national governments the primary responsibility for child-welfare programs. Within each country, the responsibility for child welfare rests with the appropriate governmental authorities, voluntary agencies, and individual citizens. The purpose, then, of the Fund is essentially one of providing sufficient supplementary assistance, where needed, to make national programs of child welfare a reality.66

The monetary contribution made by the United States Government, through Congressional appro

(1) Political and Security (including the regulation of armaments); (2) Economic and Financial; (3) Social, Humanitarian and Cultural; (4) Trusteeship; (5) Administrative and Budgetary; and (6) Legal. See Provisional Rules of Procedure for the General Assembly, rule 101, U.N. doc. A/71/Rev. 1, Apr. 28, 1947, and U.N. Weekly Bulletin, Sept. 16, 1947, p. 357.

The complete text of the resolution will be found in U.N. doc. A/64/Add. 1, Jan. 31, 1947, pp. 90–93. 64 Ibid., p. 91.

67

priation, attests to this Government's willingness and readiness to take part in this worthy program of supplementary assistance since, obviously, the effective operation of the Fund is possible only through the financial resources placed at its disposal by voluntary agencies, private individuals, and, in the main, by governments. In this great humanitarian field, too, the First Session of the Eightieth Congress, in enacting Public Law 84,88 has demonstrated its ready support and has fulfilled, for its part, the hope expressed in the Assembly resolution that governments give the Fund their generous assistance. Section 1, Public Law 84, "Providing for relief assistance to the people of countries devastated by war", contains a proviso that from the $350,000,000 authorized to be appropriated for relief assistance, ". . . the President shall make contributions to the International Children's Emergency Fund of the United Nations for the special care and feeding of children, and such contributions shall not be subject to the limitations and requirements provided in this joint resolution, but after $15,000,000 has been so contributed, no further contributions shall be made which would cause the aggregate amount so contributed by the United States (1) to constitute more than 57 per centum of the aggregate amount contributed to said fund by all governments not receiving assistance from said fund, including the United States; or (2) to exceed $40,000,000, whichever is the lesser." This is the response of a government which has consistently shown generous regard for the humanitarion needs of society-less than six months following the call of the General Assembly for governmental funds to assist the unfortunate children of the world.

Article 73 of the United Nations Charter provides, in part, that:

Members of the United Nations which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of selfgovernment . . accept as a sacred trust the obligation to promote to the utmost . . . the wellbeing of the inhabitants of these territories, and to this end: . . to promote constructive measures of development, to encourage research, and to cooperate with one another . . with a view to the practical

achievement of the social, economic, and scientific purposes set forth in this Article .

The Charter thus obligates members of the United Nations having responsibility for the administration of non-self-governing territories to cooperate with one another for social, economic, and scientific purposes.

A. Caribbean Commission

One of the regional agencies established to promote the cooperation envisaged in article 73 is the Caribbean Commission.70 The history of the Commission as an international consultative agency specifically designed to promote the economic and social advancement of the non-selfgoverning territories in the Caribbean region goes back to March 9, 1942, when the United States and the United Kingdom issued a joint communiqué establishing the Anglo-American Caribbean Commission. This was a temporary undertaking, so far as the United States Government was concerned, based upon the emergency created by World War II." In 1945 France and the Netherlands accepted invitations to participate in the Commission's activities. Establishment of the Caribbean Commission was formally provided for on October 30, 1946, by an agreement signed in Washington by Representatives of the United States, the United Kingdom, France, and the Neth

"The Fund has set a goal of $450,000,000. Of this amount, $400,000,000 will be needed for supplementary feeding of 700 calories a day to infants, children, and expectant and nursing mothers. The total cost for clothing, shoes and other items is estimated at $50,000,000. Charnow, op. cit., p. 469.

as Public Law 84, 80th Cong., 1st sess. (May 31, 1947). This contribution to the Fund should not be confused with H.R. 1938, which would have authorized appropriation for contribution by the President to the Fund of money earned by conscientious objectors during the war (approximately $1,229,000 according to H. Rept. 692, 80th Cong., 1st sess. (1947)) and now in the miscellaneous receipts of the Treasury Department. H.R. 1938 passed the House July 7, 1947, but the Senate took no action on this measure or its companion bill (S. 1502).

69 "The United States and Non-Self-Governing Territories, Department of State publication 2812.

70 For an excellent review of the background, formation, and activities of the Commission, see, in general, H. Rept. 956, 80th Cong., 1st sess. (1947).

"Ibid., p. 2.

erlands." The United States Representative signed the document "reserving the right to await Congressional consideration before giving notice of approval."

The specific scope of the Commission is suggested in the Caribbean agreement preamble as being that of ". promoting scientific, tech

nological, and economic development in the Caribbean area and facilitating the use of resources and concerted treatment of mutual problems Article IV of the agreement provides, in part, that the Commission shall concern itself with economic and social matters of common interest to the Caribbean area, particularly agriculture, communications, education, fisheries, health, housing, industry, labor, social welfare, and trade.73 Its terms of reference are thus restricted to economic and social matters. Further, it is a consultative and advisory, not an executive, body and will in no way affect existing or future constitutional relations and responsibilities of any member government and its territories. The principal function of the Commission, whether acting directly or through its auxiliary bodies, is to assist both the metropolitan countries and the territorial governments in the study of problems which require regional treatment for their efficient solution.

Although the Commission is not presently related to the United Nations, it is clear that its objectives are in full accord with the Charter of the United Nations. Apart, however, from the cooperation with the United Nations which partici

"Art. XVIII of the agreement provides:

"1. The Commission and its auxiliary bodies, while having no present connection with the United Nations, shall cooperate as fully as possible with the United Nations and with appropriate specialized agencies on matters of mutual concern within the terms of reference of the Commission.

"2. The Member Governments undertake to consult with the United Nations and the appropriate specialized agencies, at such times and in such manner as may be considered desirable, with a view to defining the relationship which shall exist and to ensuring effective cooperation between the commission and its auxiliary bodies and the appropriate organs of the United Nations and specialized agencies, dealing with economic and social matters." (Italics supplied by the author.) Ibid., p. 70.

pation in the Commission makes possible, there is also to be taken into account the strategic interest in the Caribbean area which has been traditional in the foreign policy of the United States." The First Session of the Eightieth Congress has taken specific note of these two considerations, in the preamble to H. J. Res. 231, a joint resolution "Providing for membership and participation by the United States in the Caribbean Commission and authorizing an appropriation therefor", introduced July 8, 1947, in the House of Representatives.76 The measure was favorably reported by the House Committee on Foreign Affairs eight days later and passed the House of Representatives, July 21, 1947, less than two weeks from the time of its original introduction. The House committee report stated that the committee was impressed with the practical nature of the subjects which the Commission has dealt with in its brief record" and that "It is apparent from its reports that the Commission has confined its undertakings to those activities which are appropriate for international cooperation in the area concerned and which have a direct and practical relationship to concrete problems of the area".” On the Senate side, the Committee on Foreign Relations approved the measure and reported it favorably to the Senate, with one technical amendment designed to clarify the amount of money to be authorized for contribution to the Commission, as distinct from expenses incident to participation therein, including salaries of the United States Commissioners, alternates, and other related ex

66

"The United States responsibilities are concerned with Puerto Rico and the Virgin Islands; the British Government principally with respect to the Barbados, Trinidad, the Windward and Leeward Islands, and Jamaica; the French Government principally with respect to Martinique and Guadeloupe; and the Netherlands Government principally with respect to Surinam, Curaçao, and other small islands adjoining Martinique. (H. Rept. 956, 80th Cong., 1st sess., pp. 4-5 (1947).)

76 The preamble reads, in part: "Whereas the purpose of the Caribbean Commission is to encourage and strengthen international cooperation in promoting the economic and social welfare and advancement of the non-self-governing territories in the Carribbean area, whose economic and social development is of vital interest to the security of the United States, in accordance with the principles set forth in chapter XI of the Charter of the United Nations (Italics supplied by the author.)

"H. Rept. 956, 80th Cong., 1st sess. (1947), p. 6.

78

penses. Here H. J. Res. 231 lies, but in view of the Senate Committee's observations that the organization contemplated in the resolution is relatively small and unpretentious, that the cost to the United States will be slight, and that the advantages which flow from membership in the Commission to both the United States and the peoples of the area involved are significant," it is hoped. that the Second Session of the Eightieth Congress will not fail to complete successfully the action initiated by the First Session.so

B. South Pacific Commission

The South Pacific Commission is the second of the two intergovernmental regional agencies to promote the economic and social advancement of non-self-governing territories which the First Session of the Eightieth Congress had for its consideration. Experience gained from the functioning of the Caribbean Commission provided a working basis for the creation of this new agency, since four of the six governments at the South Seas Conference, which on February 6, 1947, at Canberra, Australia, provided for establishment of the Commission, were already "members" of the Caribbean Commission. The Governments of Australia and New Zealand were the Governments added to those which had created the Caribbean Commission, in view of the especial interest of these two Governments in the South Pacific area.

The background of the formation of the South Pacific Commission and an analysis of the agreement establishing that agency have been fully described elsewhere. For our purposes here, it will suffice to point out that the agreement was

78

79

81

"S. Rept. 684, 80th Cong., 1st sess., pp. 1-2 (1947).

Ibid., p. 1.

signed ad referendum by the United States; the agency is designed as a consultative and advisory body, like the Caribbean Commission, to the participating governments; and, although it is not given the power to concern itself with political matters or questions of defense or security, it will indirectly contribute to the political stability and therefore the security of approximately 2 million inhabitants of the 15 non-self-governing territories in the South Pacific region, through the promotion of their economic and social advancement.82 H. J. Res. 232, "Providing for membership and participation by the United States in the South Pacific Commission and authorizing an appropriation therefor", similar to the Caribbean Commission measure, was favorably reported by the House Committee on Foreign Affairs July 16, 1947, and passed the House July 21, 1947. This resolution passed the Senate in the closing hours of the First Session, but because of an amendment similar to that proposed on the Caribbean Commission must be sent back to the House for concurrence. This ready response during the First Session is undoubtedly due, in large measure, to the demonstrated strategic importance of the area in World War II and its possible strategic importance in the future. Enactment of H. J. Res. 232 into law during the Second Session seems likely.

83

(1947). The United States is responsible for the administration of American Samoa, acquired by the treaty of Dec. 2, 1899, with Germany and Great Britain, and for a number of small, uninhabited islands in the area.

83 H. J. Res. 232 contains an additional section, sec. 4, authorizing the Secretary of State to detail qualified U.S. governmental employees to the South Pacific Commission. This section serves to implement a resolution of the South Seas Conference, "That with a view to facilitating the work of the proposed South Pacific Commission, the South Seas Conference urges the participating Governments to permit officers in their own services to be made available to the staff of the Commission on secondment or loan." South Seas Commission Conference Papers, doc. P/19, Feb. 6, 1947, pp. 1-2. There is, in addition, a difference in the amounts authorized to be contributed: $142,000 for the Caribbean and $20,000 for the South Pacific Commission. 84 H. Rept. 957, 80th Cong., 1st sess., p. 1 (1947).