for the administration of such territories as may be placed thereunder by subsequent individual agreements. Article 76 of the Charter states that the basic objectives of the trusteeship system shall be: (1) the furtherance of international peace and security; (2) the promotion of the political, economic, social, and educational advancement of the inhabitants of the trust territories and their progressive development toward selfgovernment or independence; (3) the encouragement of respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and (4) the ensuring of equal treatment in social, economic, and commercial matters for all members of the United Nations and equal treatment for the latter in the administration of justice. The Charter further provides that the trusteeship system should apply to such territories in the following three categories as might be placed thereunder by means of trusteeship agreements: (a) territorities now held under mandate; (b) territories which may be detached from enemy states as a result of World War II; and (c) territories voluntarily placed under the system by states responsible for their administration.85

On February 9, 1946, the General Assembly adopted a resolution which included an invitation to states administering mandated territories to undertake practical steps, together with the other states directly concerned, for the negotiation of trusteeship agreements.86 In response to this call and marking a distinct development in the operation of the international trusteeship system, the

85 U.N. Charter, art. 77, par. 1.

86 The United States and the United Nations, Department of State publication 2484, p. 43.

ST The Cairo declaration of Dec. 1, 1943, stated that, Japan shall be stripped of all the islands in the Pacific which she has seized or occupied since the beginning of the First World War in 1914, and that all the territories Japan has stolen from the Chinese, such as Manchuria, Formosa, and the Pescadores, shall be restored to the Republic of China. Japan will also be expelled from all other territories which she has taken by violence and greed." This declaration was reaffirmed by the proclamation issued by the heads of the Governments of the United States, China, and the United Kingdom on July 26, 1945, at Potsdam, and subsequently adhered to by the Union of Soviet Socialist Republics. Japan accepted these terms by the instrument of surrender on Sept. 2, 1945. (S. Rept. 471, 80th Cong., 1st sess., p. 2 (1947).) See also BULLETIN of Sept. 9, 1945, p. 364.

President on November 6, 1946, announced that the United States was prepared, as administering authority, to place under trusteeship the former Japanese Mandated Islands and any Japanese islands for which it assumes responsibility as the result of World War II, consisting of the Marianas (except the United States possession of Guam), Caroline, and Marshall Islands in the Central Pacific.87 Three months later, on February 17, 1947, the text of a draft trusteeship agreement providing for the welfare of the native population of these islands, for the security interests of the United States, and for the obligations of this Government as administering authority under the Charter was submitted to the Secretary-General of the United Nations and formally presented to the Security Council on February 26, 1947, by Ambassador Austin, United States Representative to the United Nations.88 By unanimous vote on April 2, 1947, the Security Council approved, with three minor changes which had been accepted by the United States Representative upon instructions from the United States Government, the text of the draft agreement which had been submitted in accordance with articles 82 and 83 of the United Nations Charter.89

Article 16 of the draft agreement defines the steps necessary for the agreement to come into force, under the Charter of the United Nations and the Constitution of the United States. Pursuant to this article, the President on July 3, 1947, recommended to the Eightieth Congress, First Session, that it pass legislation in the form of a

88 See, in general, Robert R. Robbins, "United States Trusteeship for the Territory of the Pacific Islands", BULLETIN of May 4, 1947, p. 783. See also BULLETIN of Mar. 9, 1947, p. 416, for statement by Ambassador Austin made before the Security Council, and Department of State publication 2784.

89

Art. 82 provides: "There may be designated, in any trusteeship agreement, a strategic area or areas which may include part or all of the trust territory to which the agreement applies, without prejudice to any special agreement or agreements made under Article 43", and art. 83, par. 1, that "All functions of the United Nations relating to strategic areas, including the approval of the terms of the trusteeship agreements and of their alteration or amendment, shall be exercised by the Security Council."

joint resolution authorizing the President to approve the trusteeship agreement for the former Japanese Mandated Islands (to be known as the "Territory of the Pacific Islands"). The President pointed out that the terms of the agreement conform with the policy of the United States and with its obligations under the United Nations Charter and that its terms amply provide for the political, economic, social, and educational development of the inhabitants of the trust territory, and at the same time protect the security interests of the United States. The Congress was quick to grasp the importance and significance of the trusteeship agreement.92 On July 14, 1947, the Senate completed the action initiated by the House of Representatives, in passing H. J. Res. 233, a joint resolution "Authorizing the President to approve the trusteeship agreement for the Territory of the

1 Ibid., p. 3.

91

92 See remarks of Congressman Fulton in 93 Cong. Rec., pp. 8905-8907 (July 11, 1947) and the statement of Senator Vandenberg, ibid., p. 9027 (July 14, 1947).

"Public Law 204, 80th Cong., 1st sess. (July 18, 1947). "Not all of the activities have been described in this article. Other activities include the following measures, which have not received final Congressional action during the First Session: (1) convention on privileges and immunities of the United Nations (S. J. Res. 136), which passed the Senate July 17, 1947, and was referred to the House Committee on Foreign Affairs, July 18, 1947 (see S. Rept. 559, 80th Cong., 1st sess. (1947)); (2) International Labor Organization constitution: instrument of amendment (S. J. Res. 117) which passed the Senate June 2, 1947, and was reported, with amendment, to the House on July 24 by the Foreign Affairs Committee (see S. Rept. 208 and H. Rept. 1057, 80th Cong., 1st sess. (1947)); (3) International Labor Organization: final articles revision convention, 1946 (no. 80)—the Senate received communication from the President on June 24, 1947, but

Pacific Islands", which became law four days later.93

VI. Conclusion

94

One cannot help but sense the importance of the wide range of activities engaged in by the First Session of the Eightieth Congress with regard to the United Nations. However, it has not been our intent to dwell upon the host of refined international legal points which suggest themselves, upon an examination of the legislative material relating to those activities. What is intended here is to summarize in convenient form those activities of the First Session of the Eightieth Congress which best illustrate the support rendered by the national legislative body of the United States in shaping a better world for everyone, everywhere through the United Nations.

has taken no action; (4) International Labor Organization: nine conventions formulated at Seattle, 1946-the Senate received communication from the President on June 23, 1947, but has taken no action; (5) protocol amending the convention on international civil aviation -the Senate received a message from the President transmitting the protocol and a report from the Secretary of State, July 11, 1947-referred to the Foreign Relations Committee; and (6) several Congressional resolutions, sponsored by various members of the Senate and House, which urge an immediate revision of the United Nations Charter (see S. Con. Res. 23, favoring the strengthening of the United Nations as a means of preventing war and maintaining world peace; S. Con. Res. 24, relative to the President's calling a general conference of the United Nations, with a view to strengthening such organization to prevent war; and H. Con. Res. 59-68, to call a conference for the revision and strengthening of the United Nations Charter). For the convenience of BULLETIN readers, a complete list of legislative matters touching on the foreign relations of the United States generally is set forth in the BULLETIN of Sept. 28, 1947, p. 651.

U. S. GOVERNMENT PRINTING OFFICE: 1947