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The Future Composition of the Trusteeship Council

Published online by Cambridge University Press:  22 May 2009

Sydney D. Bailey
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Extract

So fast has been the development of trust territories toward self-government or independence that a situation will arise in 1960 that seems not to have been foreseen by the founding fathers of the United Nations. Togoland and the Cameroons under French administration and Somaliland under Italian administration will, according to present plans, cease to be trust territories during the course of 1960. Italy's automatic membership in the Trusteeship Council will thus cease, but France, as a permanent member of the Security Council, will remain a permanent member of the Trusteeship Council. This will have both short-term and long-term implications for the balance of membership in the Council, which according to the Charter should be divided equally between states which administer trust territories and states which do not administer such territories.

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Articles
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International Organization , Volume 13 , Issue 3 , Summer 1959, pp. 412 - 421
Copyright
Copyright © The IO Foundation 1959

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References

1 Russell, Ruth B., assisted by Muther, Jeannette E., A History of the United Nations Charter, Washington, Brookings Institution, 1958, p. 343, 577Google Scholar. United Nations Conference on International Organization (UNCIO), Vol. 3. p. 608 (Document 2/G/26 (c), para. 9 ).

2 UNCIO, Vol. 3. P. 619 (Document 2/G/26 (f), para. 9 ).

3 UNCIO, Vol. 10, p. 516–517 (Document 877/II/4/35).

4 lbid., p. 516.

5 Document PC/EX/TC/4, para. 5.

6 Document PC/EX/TC/6. 8, and 9.

7 General Assembly Resolution 64 (I), December 14, 1946.

8 General Assembly Official Records (13th session), 775th plenary meeting, paras. 14–15.

9 It has been held that, whether or not the drafters of the Charter intended to establish parity of representation, the language of the Charter does not so specify. According to this view. Article 86 stipulates that the Trusteeship Council shall consist of Members administering trust territories and permanent Members of the Security Council not administering trust territories. “The requirement of equality of representation is relevant only when the question of electing additional members… is under consideration.” It is, in this view, “not contrary to Article 86 for the membership to be unequally divided” between administering and non-administering members. The provision regarding parity of representation “comes into operation only when the administering Powers are in the majority, for the purpose of restoring the balance”. (See Toussaint, Charmian Edwards, The Trusteeship System of the United Nations, New York, Praeger, 1956, p. 165.Google Scholar) Should there be any doubt as to the proper interpretation of Article 86, it is always open to the Assembly to seek an advisory opinion on the question from the International Court of Justice, though there may well be a disposition to bring the issue to a head before the Court's opinion could be received.

10 This procedure was accepted by the parties in 1955 before the election; there was, of course, no such agreement before the election to the Trusteeship Council during the thirteenth session.

11 Document T/1449, paras. 170–176.

12 It may be noted, however, that Article 86(1) of the Charter refers to “Members administering trust territories” and not to “administering authorities”.

13 Document A/4096, para. 3.

14 Document A/3900, para. 46.

15 The Committee of the whole membership of the UN, appointed in pursuance of Article 109 (3), to consider the question of fixing a time and place for a General Conference to review the Charter, is due to report to the forthcoming session of the General Assembly. It seems likely that the Committee will recommend, as it did in 1957, that the Committee be kept in being and be requested to report to the Assembly in two years' time.