Foreign Relations of the United States, 1946, General; the United Nations, Volume I

SWNCC Files: Series 59

Revised Draft Article 8 of Draft Trusteeship Agreement⁷

undated

secret

Article 8

1. In discharging its obligations under Article 76(d) as defined by Article 83(2), the administering authority, subject to the requirements of security, and the obligation to promote the advancement of the inhabitants, shall accord to nationals of each Member of the United Nations and to companies and associations organized in conformity with the laws of such Member, treatment in the trust territory no less favorable than that accorded therein to nationals, companies and associations of any other United Nation, except the administering authority.

2. The administering authority shall ensure equal treatment to the Members of the United Nations and their nationals in the administration of justice.

3. Nothing in this Article shall be so construed as to accord traffic rights to aircraft flying into and out of the trust territory. Such rights shall be subject to agreement between the administering authority and the state whose nationality such aircraft possesses.

4. The administering authority may negotiate and conclude commercial and other treaties and agreements with Members of the United Nations and other states, designed to attain for the inhabitants of the trust territory treatment by the Members of the United Nations and other states no less favorable than that granted by them to the nationals of other states. The Security Council may recommend, or invite other organs of the United Nations to consider and recommend, what rights the inhabitants of the trust territory should acquire in consideration of the rights obtained by Members of the United Nations in the trust territory.

7. This document was circulated by the Secretariat of the State-War-Navy Coordinating Committee on September 16 to the Committee as SWNCC document 59/5. This paper was considered by the Committee at a special meeting on September 17 and approved. The draft trusteeship agreement as revised was then forwarded to the Joint Chiefs of Staff on September 19; see SWNCC document 59/6, infra.