International Mandates and Trusteeship Systems: A Comparative Study

345 Pages·1955·13.654 MB·English

by  Ramendra Nath Chowdhuri (auth.)

INTERNATIONAL MANDATES AND
TRUSTEESHIP SYSTEMS
A COMPARATIVE STUDY
INTERNATIONAL MANDATES
AND
TRUSTEESHIP SYSTEMS
A COMPARATIVE STUDY
ACADEMISCH PROEFSCHRIFT
TER VERKRIJGING VAN DE GRAADVA N DOCTOR IN
DE POLITI EKE EN SOCIALE WETENSCHAPPEN AAN
DE UNIVERSITEIT VAN AMSTERDAM OP GEZAG VAN
DE RECTOR MAGNIFICUS DR M. W. WOERDEMAN,
HOOGLERAAR IN DE FACULTEIT DER GENEES
KUNDE, IN HET OPENBAAR TE VERDEDIGEN IN
DE AULA DER UNIVERSITEIT OP DINSDAG
14 JUNI 1955, DES NAMIDDAGS TE 4 UUR
DOOR
RAMENDRA NATH CHOWDHURI
geboren te Banaras, Uttar Pradesh, India
's-GRAV ENHAGE
MARTINUS NI]HOFF
1955
ISBN 978-94-011-8491-5 ISBN 978-94-011-9216-3 (eBook)
DOl 10.1007/978-94-011-9216-3
Promotor: PROF. DR A. J. P. TAMMES
"It is always under great difficulties, and very
imperfectly, that a country can be governed by
foreigners; even when there is no extreme dis
parity, in habits and ideas, between the rulers and
the ruled. Foreigners do not feel with the people ...
The government of a people by itself has a
meaning, and a reality; but such a thing as govern
ment of one people by another, does not and
cannot exist."
John Stuart Mill, CONSIDERATIONS ON REPRE
SENTATIVE GOVERNMENT (London: Parker, Son,
and Bourn, 1861), pp. 324-325.
To the twenty million people of the Trust Territories
ACKNOWLEDGEMENTS
I am deeply indebted to Dr A. J. P. Tammes, Professor of Inter
national Law and International Relations at the University of Amster
dam, who read through the manuscript and made invaluable suggestions.
Without his sustained interest, this study could never have been
completed.
I am particularly grateful to Dr F. M. Baron van Asbeck, Professor
of International Law and International Political History at Leyden
University, for suggesting the topic of this study and for reading the
manuscript. His long experience as a member of the Mandates Com
mission of the League of Nations has given him a deep insight into the
operation of the Mandates and Trusteeship Systems, and this work
has benefited considerably from his frank criticisms.
My sincere thanks are also due to Dr B. H. M. Vlekke, Secretary
General of the Netherlands Institute of International Affairs, for his
constructive suggestions and constant encouragement during the
preparation of this study. However, for the opinions expressed in this
work, I am alone responsible.
I should like to record my gratitude to the staffs of the Peace
Palace Library, the Royal Library, the Africa Institute and the
Leyden University Library, for their most efficient and courteous
assistance. I further wish to thank Mrs. A. H. Leenhouts-Hovenkamp
and Miss J. M. Velgersdijk of the Netherlands Ministry of Foreign
Affairs, and Mr. R. M. H. Koesoemo Joedo, Director of the Netherlands
Information Service for the United Nations at The Hague, for their
kindness in allowing me access to the Official Records of the fifteenth
session of the Trusteeship Council (25 J anuary-28 March 1955).
I wish to express my indebtedness to the Netherlands Universities
Foundation for International Co-operation, The Hague, for the award
of a Fellowship which enabled me to undertake this study and for the
grant which has made its publication possible.
I am also grateful to the Education Department, Government of
Rajasthan (India), for study leave without which it would have been
impossible for me to accomplish this work.
R. N. CHOWDHURI
Institute of Social Studies
The Hague, The Netherlands
June 1955.
ABBREVIATIONS
A.A.A.P.S.S. Annals of the American Academy of
Political and Social Sciences, Philadelphia.
A/CA/SR. General Assembly, Fourth Committee,
Summary Records.
A.D.D.!., Recueil des cours Academie de droit international de la Haye,
Recueil des cours, Recueil Sirey, Paris.
A.J.I.L. American Journal of International Law,
Washington.
A.P.S.R. American Political Science Review,
Washington.
A/PV. General Assembly, Proces Verbal (Verba
tim Records).
B.Y.B.I.L. British Year Book of International Law,
London.
Cmd. Command Papers: His Majesty's Stationery
Office, London.
Docs. on Amer. For. Documents on American Foreign Relations,
Relations ed. by L. M. Goodrich, World Peace
Foundation, Boston.
For. Rel. U.S.: The Paris Papers Relating to the Foreign Relations
Peace Conference, 1919 ofthe United States, The Paris Peace Confe-
ference, 1919, Department of State Pub.,
1942-1947, Washington.
G.A. General Assembly.
I.C.]. International Court of Justice.
ILO International Labour Organization.
I.P.R. Institute of Pacific Relations, New York.
L.N. League of Nations.
Min. P.M.C. Minutes of the Permanent Mandates
Commission.
O.R. Official Records.
O.U.P. Oxford University Press.
ParI. Deb., Hansard, H.C. British Parliamentary Debates, Fifth
Series, Hansard, House of Commons.
ParI. Deb. Hansard, H.L. British Parliamentary Debates, Fifth
Series, Hansard, House of Lords.
PC/TC. Preparatory Commission: Trusteeship
Committee.
Post War For. Pol. Prep. Post War Foreign Policy Preparation,
1939-1945, Department of State Pub.
3580, 1950, Washington.
R.I.I.A. Royal Institute of International Affairs,
London.
ABBREVIATIONS IX
R.T.C. Report of the Trusteeship Council.
S.C. Security Council.
SR. Summary Records.
T.C. Trusteeship Council.
TjPET. Trusteeship Council, Petition.
TjPV. Trusteeship Council, Proces Verbal (Ver
batim Records).
TjSR. Trusteeship Council, Summary Records.
U.N.C.I.O. United Nations Conference on International
Organization, San Francisco, 1945.
U.N.Doc. United Nations Document.
UNESCO United Nations Educational, Scientific and
Cultural Organization.
VR. Verbatim Records.
WHO World Health Organization.
W.P.F. World Peace Foundation, Boston.
CONTENTS
Chapter Page
1. INTRODUCTION 1
II. EVOLUTION OF THE INTERNATIONAL TRUSTEE-
SHIP SYSTEM 13
1. ORIGIN OF THE IDEA 16
2. INCEPTION OF THE INTERNATIONAL MANDATES 20
3. INTER-WAR YEARS . 24
4. INTERNATIONAL TRUSTEESHIP IN EMBRYO 27
5. EVALUATION 35
III. DRAFTING OF THE MANDATES AND TRUSTEE-
SHIP ARTICLES 37
1. THE PARIS AND SAN FRANCISCO CONFERENCES 37
2. COMPROMISES IN THE TWO SYSTEMS 39
A. Domestic Sphere. 39
B. Commonwealth . 43
C. Inter-Allied 45
3. FRAMING OF THE MANDATES AND TRUSTEESHIP ARTICLES 50
(i) Three Stages 51-(ii) Self-Government or Independ-
ence 53-(iii) Scope of Application 55-(iv) Inter
national Administration 56-(v) Composition, Func-
tions and Powers of the Supervisory Organ 58- (vi)
Open Door 59-(vii) Militarization 6O-(viii) Conserva-
tory Clause 61-(ix) Termination or Transfer of
Trusteeship 62.
4. ROLE OF THE POWERS. 63
5. RECEPTION OF THE TWO SYSTEMS 66
IV. ESTABLISHMENT OF THE TWO SYSTEMS 69
1. THE INTERREGNUM. 69
2. SUBMISSION OF THE TERRITORIES. 71
3. DRAFTING OF THE TRUSTEESHIP AGREEMENTS 76
A. Legal Controversy. 76
(i) States Directly Concerned 76.
B. Practical Steps . 80