Foreign Relations of the United States, 1946, Paris Peace Conference: Documents, Volume IV

CFM Files

Report to the Paris Conference From the Special Commission on the Statute of the Free Territory of Trieste

C.P.(IT/P)Doc.40

Paris, September 13, 1946.

(This document has already been published as a document of the Council of Foreign Ministers under reference C.F.M.(46)253, on August 9, 1946).

In accordance with the decision of the Council of Foreign Ministers of July 3, 1946, there was established a special Commission consisting of representatives of the U.S.S.R., U.K., U.S.A. and France to examine the whole subject of the Free Territory of Trieste and to make preliminary suggestions to the Peace Conference. (The text of this decision is included under Article 16 of the Draft Peace Treaty with Italy).

The Commission has consulted the representatives of Yugoslavia and Italy on this subject in accordance with the instructions of the Council of Foreign Ministers.

The Commission held a number of meetings which were devoted to a discussion of the principles which should underlie the permanent Statute for the Free Territory of Trieste and of the basic organs of governments which should be established in the Free Territory. In view of the differences which have arisen on a number of questions, the Commission considers it appropriate to submit to the Conference four separate drafts of the permanent Statute of the Free Territory. Each of the four representatives on the Commission has accompanied his draft with a brief explanatory memorandum.

draft permanent statute for the free territory of trieste

Memorandum by the U.S.S.R. Representative

The Draft Permanent Statute of the Free Territory of Trieste prepared by the U.S.S.R. Representative is based on these general principles which under the decision of the Council of Foreign Ministers should be the basis of the Permanent Statute.

These principles are as follows:

1. The Governor shall be appointed by the Security Council after consultation with Yugoslavia and Italy.

2. Legislative and executive authority shall be established on a democratic basis including universal suffrage.

3. Rights of the population shall be ensured in respect to human rights and fundamental freedoms, particularly including religion, language, press, schools and access to public services.

4. Annual reports shall be submitted by the Governor to the Security Council.

The Draft Permanent Statute provides for the establishment of legislative and executive authority on a democratic basis. Legislative authority shall be exercised by the Popular Assembly elected by means of universal, equal, direct and secret suffrage. In order to ensure that all main political organisations are represented in the Popular Assembly it is suggested that elections be carried out on the basis of a proportionate system.

Full executive authority shall be vested in the Council of Government which shall be formed by the Popular Assembly and shall be responsible for its activities to this Assembly.

All branches of government shall be concentrated in these two organs. The questions of international relations and the conclusion of international agreements shall be within the competence of the Popular Assembly.

As to the Governor, his main duty shall be to supervise the observance of the Statute. In this connection the Governor shall be given the right to require the review of the laws adopted by the Popular Assembly.

The Draft Statute contains also detailed rules regarding the circle of persons who are citizens of the Free Territory of Trieste.

In order to ensure the economic development of the Free Territory the Draft Statute provides for a customs union of the Free Territory with Yugoslavia as well as Yugoslavia’s participation in the administration of the railways of the Free Territory.

Identical Articles in other Drafts	draft permanent statute for the free territory of trieste
	Proposal by the U.S.S.R. Representative
	Section I. General Provisions
	Article 1—The City of Trieste and the Territory adjacent thereto within the boundaries indicated on the map annexed to the present Statute shall constitute the Free Territory of Trieste. The boundaries of the Free Territory of Trieste shall be the following: (description of the boundary line)
	The exact boundary of the Free Territory of Trieste shall be demarcated on the ground in the manner specified in Article 5 of the Peace Treaty with Italy.
	Article 2—The integrity and independence of the Free Territory shall be assured by the Security Council of the United Nations.
	Article 3—The Free Territory of Trieste shall be neutral and demilitarised.
	No military, naval or air forces, installations or equipment shall be maintained, built or manufactured in the Free Territory. No para-military formations, exercises or activities shall be permitted within the Free Territory.
	No military, naval or air forces of any State shall enter the territory, territorial waters or air space of the Free Territory. Likewise the Government of the Free Territory shall not make or discuss any military arrangements or undertakings with any State.
	Article 4—The governmental structure of the Free Territory shall be defined by the Constitution of the said Territory.
	The Constitution of the Free Territory shall be in conformity with the provisions of the present Statute.
	The Constitution shall be established in accordance with democratic principles and ratified by the Popular Assembly.
	Section II. Methods of Appointment of Governor
	Article 5—The Governor shall be appointed by the Security Council after consultation with the Governments of Yugoslavia and Italy.
	The Governor shall be appointed for a term of five years and may be re-appointed. If, however, the Security Council determines that the Governor has failed to carry out his duties, it may, having appointed a Deputy Governor, suspend the Governor and under appropriate safeguards of investigation and hearing, may dismiss him from his office.
	Article 6—In the performance of his duties, the Governor shall not seek or receive instructions from any Government or from any other authority external to the Security Council. He shall refrain from any action which might reflect on his position as an international official responsible only to the Security Council.
	Article 7—The Governor shall submit to the Security Council annual reports on the execution of the present Statute and the discharge of his duties.
	Section III. Legislative and Executive Powers
	Article 8—The legislative authority in the Free Territory is the Popular Assembly consisting of a single Chamber elected by universal, equal, direct and secret suffrage on a proportional basis.
	Article 9—Legislation may be initiated by members of the Popular Assembly or the Council of Government. A draft law duly passed by the Popular Assembly shall become law after it has been promulgated by the President of the Popular Assembly. Before promulgation, the text of any law passed by the Popular Assembly shall be communicated by the President of the Assembly to the Governor for information. The Governor may within a period of 10 days return a law to the Popular Assembly with his comments or recommendation if in his opinion it is contrary to the present Statute. If the Popular Assembly refuses to withdraw the law, the Governor must immediately report on the matter to the Security Council whose ruling of the dispute shall be final. Any draft law which is not returned to the Popular Assembly within 10 days shall thereafter have the force of law.
	Article 10—Executive authority shall be vested in the Council of Government of the Free Territory.
	The Council of Government shall be constituted by the Popular Assembly and be responsible to the latter for its actions.
Agreed U.K. Art. 30 U.S. Art. 32 French Art. 11	Article 11—The Constitution of the Free Territory shall provide for the establishment of local government organs on democratic principles, including universal, equal, direct and secret suffrage.
	Section IV. Foreign Relations
	Article 12—Questions affecting the international relations of the Free Territory, the protection in foreign countries of the interests of citizens of the Free Territory and the conclusion of international treaties on political, economic, cultural, social or health questions shall fall within the province of the Popular Assembly.
	Article 13—The Free Territory shall accept consular representatives of other States who receive an exequatur from the Council of Government of the Free Territory.
	The Free Territory may maintain consuls in foreign towns or ports where the interests of citizens of the Free Territory require to be protected.
	Section V. Judiciary
Agreed U.K. Art. 19(a). U.S. Art. 17 French Art 21–1st.	Article 14—Judicial authority in the Free Territory shall be exercised by tribunals established pursuant to the legislation of the Free Territory.
Agreed U.K. Art. 19(b). U.S. Art. 18 French Art. 21–2nd.	Article 15—The Constitution of the Free Territory shall guarantee the complete freedom and independence of the Judiciary and shall provide for appellate jurisdiction.
	Article 16—The method of appointing and removing members of the Judiciary shall be defined by the Constitution of the Free Territory.
	Section VI. Citizenship and Bights of Citizens
	Article 17—Italian citizens who have been permanently resident within the boundaries of the Free Territory before June 10, 1940 and are still resident in such territory on the date of entry into force of the Peace Treaty with Italy, shall lose their Italian citizenship and become citizens of the Free Territory as from the date of entry into force of the Peace Treaty.
	The provisions of the present Article shall not apply to active supporters of the Fascist regime in Italy, active members of the Fascist party, war criminals, persons who served in the Italian police, and Government officials who arrived from Italy after 1922.
	Article 18—The various persons referred to in the first part of Article 17 who are over 18 years of age (and married persons below this age) shall have the right to opt for the Italian citizenship, which they formerly possessed, within a period of one year from the entry into force of the Peace Treaty. Any person so opting shall retain this former citizenship and shall not be deemed to have acquired the citizenship of the Free Territory.
	Article 19—Option by the husband shall not constitute option on the part of the wife. Option by a father, or if the father is deceased, by a mother, shall automatically include all unmarried children under the age of 18 years.
	Article 20—The Free Territory may require any persons who have exercised the right of option to move to the State for whose citizenship they have opted within a year from the date when the option was exercised.
	Article 21—Former Austro-Hungarian nationals who were resident within the Free Territory before its occupation by the Italian armed forces in 1918, and who thereafter left that Territory as also the children of such persons, shall be deemed to be nationals of the Free Territory on their making such declaration. Declarations to this effect may be made within three years from the entry into force of the Peace Treaty.
Agreed U.K. Art. 4 U.S. Art. 4 French Art. 10	Article 22—The Constitution of the Free Territory shall ensure to all persons under the jurisdiction of the Free Territory, without distinction as to ethnic origin, sex, language or religion, the enjoyment of human rights and of the fundamental freedoms, including the freedom of religious worship, language, speech and publication, education, assembly and association. Citizens of the Free Territory shall be assured equality of access to public office.
U.S. Art. 34	Article 23—The official languages of the Free Territory shall be Italian, Slovene and Croat.
	Section VII. Economic Clauses
Agreed U.K. Art. 34 U.S. Art. 29 French Art. 22	Article 24—The Free Territory shall have its own monetary system.
	Article 25—The Railways of the Free Territory shall be under the joint administration of the Free Territory and of Yugoslavia.
	Article 26—An agreement for a customs union shall be concluded between the Free Territory and Yugoslavia to be valid for a period of five years, with the right of promulgation by their mutual agreement.
	Article 27—Citizens of the Free Territory shall have the right of free settlement and employment on the territory of Yugoslavia and Yugoslav nationals shall have identical rights in the Free Territory.
	Article 28—The supply of water and electric power, local transport and other similar public services shall fall within the exclusive province of the Government of the Free Territory.
	The use of the sources of water supply and electric power, situated on the territory of Yugosolavia, shall be regulated under bilateral agreements concluded between Yugoslavia and the Free Territory.
	Article 29—In the Free Territory a Free Port in the City of Trieste shall be established and shall be administered on the basis of a special Provision.
	The Government of the Free Territory shall enact any necessary laws and take any necessary steps for the execution of the rules of this provision.
	Section VIII. Implementation and Amendment of the Statute
	Article 30—This Statute may be amended by a decision of the Security Council.
Agreed U.K. Art. 40 U.S. Art. 38 French Art. 26	Article 31—The present Statute shall come into force on a date which shall be determined by the Security Council.

draft permanent statute for the free territory of trieste

Memorandum by the United Kingdom Representative

The United Kingdom Delegation have had two main objects in drafting the Permanent Statute for the Free Territory of Trieste:

(a) The ensuring of peace and stability within the Free Territory, and

(b) The grant of the greatest measure of democratic self-government consistent with ensuring peace and stability.

It has been guided by the decision of the Council of Foreign Ministers of 3rd July wherein the Council, while prescribing that the legislative and executive authority should be on democratic lines, placed in the hands of the Security Council of the United Nations the responsibility of appointing the Governor and of assuring the independence and the integrity of the territory and the observance of the terms of the Statute.

The area comprised by the Free Territory since its liberation from the Germans in May 1945 has laid under serious tension owing to the conflicting nationalisms of the Italian and Slovene elements. The U.K. Delegation believes that these rivalries and the bitterness accompanying them may take some years to be fully eradicated. It is therefore essential for the Government of the Free Territory to include an impartial element invested with sufficient powers to enable them to assure the observance of the Statute and the protection of minorities. Such an impartial element can only at present be certainly found outside the Free Territory and outside Yugoslavia and Italy.

In general the U.K. Delegation seeks to define in its Statute the basic responsibilities and powers of the Security Council, the Governor and the elected representatives of the people. It leaves to the people through their elected representatives the task of laying down in the Constitution the full organization of government within the limits prescribed by the Statute.

In detail the Statute proposed by the U.K. Delegation provides that:

(a) the Governor should not be a citizen of the Free Territory, Yugoslavia or Italy;

(b) the Governor should have a power of veto on all legislation and reserve powers to take any measures necessary for the observance of the Statute and the maintenance of order;

(c) the Governor and two other international officers should have seats in the Council of Government;

(d) subject to (a), (b) and (c), the people of the territory should have the right of self-government.

It is evident that there can be no true enjoyment of democratic self-government until peace and stability are fully established. The U.K. Delegation therefore attach great importance to adequate powers being granted to the Governor and a due measure of supervision being exercised by the Security Council of the United Nations. The Statute which they propose includes express provisions for its own amendment, so that adjustments between the powers of the Governor and of the elected representatives of the people of the Free Territory can readily be made as soon as conditions within the Free Territory so warrant.

Identical Articles in other Drafts	draft permanent statute for the free territory of trieste
	Proposal by the United Kingdom Representative
	Section I. General Provisions
U.S. Art. 1	Article 1—The area lying between the Adriatic Sea and the land boundaries described in Article ____ of the Peace Treaty with Italy as the boundaries between Italy and Yugoslavia respectively and the Free Territory of Trieste and defined on the ground by a Demarcation Commission in accordance with Article—of the said Treaty is constituted the Free Territory of Trieste.
	Article 2(a)—The integrity and independence of the Free Territory shall be assured by the Security Council of the United Nations which shall take all measures necessary for this purpose and for insuring the observance of the present Statute and the maintenance of public order.
	(b)—The Security Council shall take all such military and other measures as may be necessary to give effect to sub-paragraph (a) above.
U.S. Art. 3	Article 3—The Free Territory shall be demilitarised. Without prejudice to the responsibilities of the Security Council under the Charter of the United Nations and under the terms of the present Statute:—
	(a) No military, naval, or air forces, installations or equipment shall be maintained, built or manufactured in the Free Territory. No para-military formations, exercises or activities shall be permitted within the Free Territory.
	(b) No military, naval or air forces of any State shall enter the territory, territorial waters or air space of the Free Territory. Likewise neither the Government of the Free Territory nor any person under its jurisdiction shall make or discuss any military arrangements or understandings with any state or with any person under the jurisdiction of any State.
	Section II. Human Eights and the Constitution
Agreed U.S. Art. 4 U.S.S.R. Art. 22 France Art. 10	Article 4—The Constitution of the Free Territory shall ensure to all persons under the jurisdiction of the Free Territory without distinction as to ethnic origin, sex, language or religion, the enjoyment of human rights and of the fundamental freedoms including freedom of religious worship, language, speech and publication, education, assembly and association. Citizens of the Free Territory shall be assured equality of access to public office.
U.S. Art. 5	Article 5—The organisation of the government of the Free Territory shall be laid down in the Constitution of the Free Territory which shall be in conformity with the provisions of the present Statute. The Constitution shall be established by democratic processes and shall be subject to approval by the Security Council as shall be any amendments thereto.
U.S. Art. 6	Article 6—The Government of the Free Territory shall be entrusted to a Governor, to a Council of Government, and to a legislative Assembly elected by the people of the Free Territory. Their respective powers shall be exercised in accordance with the provisions of the present Statute and of the Constitution of the Free Territory.
	Section III. The Appointment of The Governor And His Staff
U.S. Art. 7	Article 7—The Governor shall be appointed by the Security Council after consultation with the Governments of Yugoslavia and Italy. The Governor shall be a citizen of a State other than Yugoslavia, Italy or the Free Territory.
U.S. Art. 8	Article 8—The Governor shall be appointed for a term of five years and may be re-appointed. If, however, the Security Council determines that the Governor has failed to carry out his duties, it may suspend him and under appropriate safeguards of investigation and hearing, may dismiss him from his office.
U.S. Art. 9	Article 9(a)—The Governor shall appoint a Deputy Governor to assist him in carrying out his duties and to act in his stead in the event of his absence or incapacity. The appointment of the Deputy Governor shall be reported by the Governor to the Security Council. The Deputy Governor shall be a citizen of a State other than Italy, Yugoslavia or the Free Territory. In case the Governor is suspended or the Governorship falls vacant from any cause, the Deputy Governor shall perform the functions of Governor until the latter is reinstated or the vacancy has been filled by act of the Security Council. (b)—The Governor shall also appoint a Director of the Free Port Administration who need not be a citizen of the Free Territory, but shall not be a citizen of Yugoslavia or Italy.
U.S. Art. 10	Article 10 (a)—The paramount consideration in the appointment of the Governor and his staff shall be the necessity of securing the highest standards of efficiency, competence and integrity. (b)—In the performance of their duties the Governor and his staff shall not seek or receive instructions from any Government or from any other authority external to the Security Council. They shall refrain from any action which might reflect on their position as international officials responsible only to the Security Council.
U.S. Art. 11	Article 11—The salary and allowances of the Governor and his staff shall be fixed by the Security Council of the United Nations and the expense shall be borne by the budget of the United Nations in amounts recommended by the Security Council and approved by the General Assembly.
	Section IV: Legislative Authority
	Article 12 (a)—The legislative authority shall be exercised by an assembly consisting of a single chamber which shall be elected by the citizens of the Free Territory on the basis of universal, equal, direct and secret suffrage.
	(b)—Legislation may be initiated by members of the Assembly, by the Council of Government or in matters affecting his responsibilities to the Security Council, by the Governor. The Governor shall promulgate the laws duly passed by the Assembly. He may, however, within ten days after a draft law has been presented to him for promulgation, return it to the Assembly with his comments or recommendations or he may, if he deems it necessary, refuse to promulgate any draft law. If the Assembly reenacts the draft law without amending it to the satisfaction of the Governor, he may maintain his refusal but should immediately report on the matter to the Security Council whose ruling will be final. Any draft law which has not been returned to the Assembly or rerused by the Governor within ten days after its presentation to him shall have the force of law. The Assembly may, by a two-thirds majority, petition the Security Council concerning any such refusal by the Governor to promulgate a legislative measure.
	(c) The Council of Government shall have the responsibility for preparing the budget of the Free Territory, including both revenue and expenditure, and for introducing the budget into the Assembly. If a budgetary year should begin without a budget having been duly enacted, the provisions of the budget of the preceding year shall be applied to the new budgetary year.
	Article 13—The Assembly shall have the right to deliberate upon any matters affecting the interests of the Free Territory.
	Section V: Executive Authority
	Article 14—Subject to the responsibilities vested in the Governor by the Security Council, the Council of Government shall exercise the executive power.
	Article 15 (a)—The Council of Government shall consist of (i) the Governor, (ii) the Deputy Governor, (iii) the Director of the Free Port and (iv) three persons nominated by the Assembly of the Free Territory whose nominations shall, however, require the assent of the Governor.
	(b) The Assembly shall not withdraw its nomination of a member of the Council of Government before the expiry of one year from its nomination. The Assembly shall thereafter have the right, by a two-thirds majority vote, to withdraw the nomination of any such member.
	Article 16(a)—The Governor or his Deputy shall preside over the Council of Government.
	(b)—All meetings of the Council of Government shall be convened by the Governor, or by the Deputy Governor acting on his behalf. The decisions of the Council of Government shall be taken by the vote of the majority of those present and voting, the president having the casting vote.
	Article 17(a)—The Governor shall allocate Ministerial responsibilities for Departments of State to himself and to the other members of the Council of Government, provided always that:
	(i) he shall reserve to himself the responsibility for the conduct of the foreign relations of the Free Territory;
	(ii) he shall reserve either to himself or to the Deputy Governor the responsibility for public order, security and for questions of residence and citizenship.
	(b)—The Governor, if he has ceased to have confidence in the due discharge of the responsibilities of his office by any member of the Council of Government nominated by the Assembly, may remove him from his office and recommend to the Assembly the withdrawal of the nomination of such member, requesting the Assembly to nominate another member in his place.
	Article 18—All administrative Officials in the Free Territory shall hold their office under the authority of the Governor. The Governor, if he has ceased to have confidence in the due discharge of the duties of his office by any such official, may, under appropriate safeguards of investigation and hearing, remove him from his office.
	Section VI: The Judiciary
Agreed U.K. Art. 17–18 U.S.S.R. Art. 14–15 French Art. 21—l°–2°1	Article 19(a)—The judicial authority in the Free Territory shall be exercised by Tribunals established pursuant to the Constitution and laws of the Free Territory.
	(b)—The Constitution of the Free Territory shall guarantee the complete freedom and independence of the Judiciary and shall provide for appellate-jurisdiction.
U.S. Art. 19 French Arts. 21–3°	Article 20—The Governor shall appoint, with the advice of the Council of Government, the members of the Judiciary, and subject to such safeguards of investigation and hearing as may be established by the Constitution of the Free Territory, shall have the right to suspend or remove any such member of the Judiciary on account of any action or conduct incompatible with the responsibilities of his office. The Assembly, by a two-thirds majority, may request the Governor to investigate any charge brought against a member of the Judiciary which, if proved, would warrant his suspension or removal.
	Section VII: Responsibilities and Powers of the Governor
U.S. Art. 20	Article 21—The Governor shall be responsible to the Security Council for insuring the observance of this Statute and the maintenance of public order within the Territory. The Governor shall present to the Security Council annual reports concerning the operation of the Statute and the performance of his duties.
U.S. Art. 21	Article 22—In order that he may carry out his responsibilities to the Security Council under the present Statute, the Governor shall possess the power to proclaim a state of siege. He shall also possess and exercise reserve powers for the following purposes:
	(a) to maintain the provisions of the present Statute, including protection of the basic human rights of the inhabitants of the Free Territory, and
	(b) to assure the integrity, independence and public order and security of the Free Territory.
U.S. Art. 22	Article 23—In the application of his reserve powers, the Governor may suspend any law or rescind any administrative measure which in his opinion conflicts with his responsibilities to the Security Council and may, if he deems it necessary, issue orders with the effect of law.
U.S. Art. 23	Article 24—The Governor, on each occasion when he exercises his reserve powers, shall report his action to the Security Council within one month, giving the reasons for such action. The Assembly may, by a two-thirds majority, petition the Security Council concerning any such exercise of the reserve powers of the Governor.
U.S. Art. 24	Article 25—Subject to any directions issued by the Security Council, the Governor, in carrying out his responsibilities for public order and security within the frontiers and territorial waters of the Free Territory, shall be empowered to maintain police forces, local gendarmerie and coastguards.
U.S. Art. 25	Article 26—The power of pardon and reprieve shall vest in and be exercised by the Governor.
	Section VIII: Foreign Relations
U.S. Art. 26	Article 27—The Governor shall be responsible for conducting the foreign relations of the Free Territory with the advice of the Council of Government. It shall be the responsibility of the Governor to ensure the protection abroad of the interests of the citizens of the Free Territory.
U.S. Art. 27	Article 28—In carrying out his duties under the preceding Article, the Governor shall be empowered
	(a) to conclude agreements with States for the purpose of furthering the economic and other interests of the Free Territory and to enter into or accede to multilateral international agreements.
	(b) to consult all specialised agencies of the United Nations Organisations and other international organisations and to accept membership of such organisations.
	(c) to accept Consular representatives of foreign Governments.
U.S. Art. 28	Article 29—The Free Territory shall have it own flag and coat of arms.
	Section IX: Local Government
Agreed U.S. Art. 32 U.S.S.R. Art. 11 French Art. 11	Article 30—The Constitution of the Free Territory shall provide for the establishment of organs of local government on democratic principles including universal, equal, direct and secret suffrage.
	Section X: Citizenship and Language
U.S. Art. 33(a)	Article 31—All persons who qualify for citizenship of the Free Territory in accordance with Article ______ of the Peace Treaty with Italy and become citizens shall be the original citizens of the Free Territory with full civil and political rights and shall have no other citizenship.
U.S. Art. 33(b)	Article 32—The acquisition of citizenship by persons who are not original citizens of the Free Territory shall be regulated by the provisions of the Constitution of the Free Territory.
	Article 33—Italian, Slovene and Croat shall each have validity as an official language in the Free Territory. The laws of the Free Territory shall prescribe the rules and procedures for the use of these official languages.
	Section XI: Economic Provisions
Agreed U.S. Art. 29 U.S.S.R. Art. 24 French Art. 22 U.S. Art. 30	Article 34—The Free Territory shall have its own monetary system.
	Article 35 (a)—A Free Port shall be established in the Free Territory and shall be administered on the basis of the provisions of the international instrument regulating the Free Port. The Government of the Free Territory shall enact all necessary legislation and take all necessary steps to give effect to such instrument.
	(b)—The Governor shall appoint a representative of the Free Territory to the International Commission for the Free Port.
U.S. Art. 31	Article 36(a)—The Free Territory is entitled to open registers for the registration, upon conditions conforming to the general practice of maritime states, of ships and vessels owned by the Government of the Free Territory or by persons or organisations domiciled within the Free Territory.
	(b)—The Free Territory shall open special maritime registers for Czechoslovak, Swiss, Austrian or Hungarian ships and vessels upon request of any one of these Governments. Vessels entered in these registers shall fly the flags of their respective countries.
	Section XII: Interpretation and Application of the Statute
U.S. Art. 35	Article 37—Any disputes relating to the interpretation of this Statute arising between the Free Territory and any other State, or between any other States where such disputes affect the interests or obligations of such States or any other legal disputes arising between the Free Territory and any other State shall be referred in the first place to the Security Council, and any decision of the Security Council shall be binding on the Free Territory. If the Security Council shall not have been able, within three months of the reference to it, to find a solution of the difference, or if its solution is not acceptable to any State party to the dispute other than the Free Territory, the issue shall be referred for decision to the International Court of Justice.
U.S. Art. 36	Article 38—The Assembly may, by a majority of two-thirds of its members, petition the Security Council that the Assembly considers the action of the Governor of the Territory not in accordance with the present Statute, and in this event the Security Council may give directions relating to the matter which shall immediately be put into effect.
	Section XIII: Commencement and Amendment of the Statute
U.S. Art. 37	Article 39—This Statute shall constitute the permanent Statute of the Free Territory subject to any amendment that may hereafter be made by the Security Council. Petitions for the amendment of the Statute may be presented to the Security Council by the Governor or by the Assembly upon a vote taken by a two-thirds majority.
Agreed U.S. Art. 38 U.S.S.R. Art. 31 French Art. 26	Article 40—The present Statute shall come into force upon a date which shall be determined by the Security Council.

draft permanent statute for the free territory of trieste

Memorandum by the United States Representative

The draft Permanent Statute of the Free Territory of Trieste presented by the United States Delegation is based on the conception that two principal elements combine to form the special character of the Free Territory. One is the special and direct relationship between the Free Territory and the Security Council of the United Nations which is asked to guarantee the integrity and independence of the Free Territory and which must possess the means necessary to give effect to that guarantee. Through appointing the Governor and endowing him with limited responsibilities in special fields of administration and with wide reserve powers to be used subject to appeal to itself, the Security Council gives practical effect to its guarantee of the integrity and independence of the Free Territory and of the observance of the Statute and the maintenance of public order. Accordingly, the draft Statute deals in some detail with the direct relationship of the Security Council to the Free Territory and with the role of the Governor.

On the other hand, without prejudice to the special responsibilities of the Security Council, the inhabitants of the area should enjoy the widest possible freedom in settling their own affairs through institutions operating under democratic principles. The draft Statute is not designed to serve as a complete charter for the Free Territory. It is assumed that a very wide range of questions not dealt with in the draft Statute will form the subject-matter of a Constitution to be drawn up by the representatives of the people of the Free Territory on democratic principles and in conformity with the provisions of the Statute.

Identical Articles in other Drafts	draft permanent statute for the free territory of trieste
	Proposal by the United States Representative
	Section I. General Provisions
U.K. Art. 1	Article 1—The area lying between the Adriatic Sea and the land boundaries described in Article ______ of the Peace Treaty with Italy as the boundaries between Italy and Yugoslavia respectively and the Free Territory of Trieste and defined on the ground by a Demarcation Commission in accordance with Article ____ of the said Treaty is constituted the Free Territory of Trieste.
	Article 2—(a) The integrity and independence of the Free Territory shall be assured by the Security Council of the United Nations which shall take all measures necessary for this purpose and for ensuring the observance of the present statute and the maintenance of public order.
	(b) The Security Council shall take all such military and other measures as may be necessary to give effect to sub-paragraph (a) above. [The expenditures of any internal security force, other than local police, established in the Free Territory by direction of the Security Council, shall be a charge upon the budget of the United Nations.]*
U.K. Art. 3	Article 3—The Free Territory shall be demilitarised, without prejudice to the responsibilities of the Security Council under the Charter of the United Nations and under the terms of the present Statute:
	(a) No military, naval, or air forces installations or equipment shall be maintained, built, or manufactured in the Free Territory. No para-military formations, exercises or activities shall be permitted within the Free Territory.
	(b) No military, naval, or air forces of any State shall enter the territory, territorial waters, or air space of the Free Territory. Likewise, neither the Government of the Free Territory nor any person under its jurisdiction shall make or discuss any military arrangements or understandings with any State or with any person under the jurisdiction of any State.
	Section II. Human Rights and Constitution
Agreed U.K. Art. 4 U.S.S.R. Art. 22 French Art. 10	Article 4—The Constitution of the Free Territory shall ensure to all persons under the jurisdiction of the Free Territory, without distinction as to ethnic origin, sex, language or religion, the enjoyment of human rights and of the fundamental freedoms, including freedom of religious worship, language, speech and publication, education, assembly and association. Citizens of the Free Territory shall be assured equality of access to public office.
U.K. Art. 5	Article 5—The organisation of the government of the Free Territory shall be laid down in the Constitution of the Free Territory which shall be in conformity with the provisions of the present Statute. The Constitution shall be established by democratic processes and shall be subject to approval by the Security Council as shall any amendments thereto.
U.K. Art. 6	Article 6—The Government of the Free Territory shall be entrusted to a Governor, to a Council of Government, and to a legislative Assembly elected by the people of the Free Territory. Their respective powers shall be exercised in accordance with the provisions of the present Statute and of the Constitution of the Free Territory.
	Section III. Status of the Governor
U.K. Art. 7	Article 7—The Governor shall be appointed by the Security Council after consultation with the Governments of Yugoslavia and Italy. The Governor shall be a citizen of a State other than Yugoslavia, Italy or the Free Territory.
U.K. Art. 8	Article 8—The Governor shall be appointed for a term of five years and may be re-appointed. If, however, the Security Council determines that the Governor has failed to carry out his duties, it may suspend him and, under appropriate safeguards of investigation and hearing, may dismiss him from his office.
	Article 9—(a) The Governor shall appoint a Deputy Governor to assist him in carrying out his duties and to act in his stead in the event of his absence or incapacity. The appointment of the Deputy Governor shall be reported by the Governor to the Security Council. The Deputy Governor shall be a citizen of a State other than Italy, Yugoslavia or the Free Territory. In case the Governor is suspended or the governorship falls vacant from any cause, the Deputy Governor shall perform the functions of Governor until the latter is reinstated or the vacancy has been filled by act of the Security Council.
	(b) The Governor shall also appoint a Director of Public Security and a Director of the Free Port Administration, who need not be citizens of the Free Territory.
U.K. Art. 10	Article 10—(a) The paramount consideration in the appointment of the Governor and his staff shall be the necessity of securing the highest standards of efficiency, competence and integrity.
	(b) In the performance of their duties the Governor and his staff shall not seek or receive instructions from any Government or from any other authority external to the Security Council. They shall refrain from any act which might reflect on their position as international officials responsible only to the Security Council.
U.K. Art. 11	Article 11—The salary and allowances of the Governor and his staff shall be fixed by the Security Council and the expense shall be borne by the budget of the United Nations in amounts recommended by the Security Council and approved by the General Assembly.
	Section IV. Legislative Authority
	Article 12—The legislative authority shall be exercised by an Assembly consisting of a single chamber which shall be elected by the citizens of the Free Territory on the basis of universal, equal, direct and secret suffrage.
	Article 13—Legislation may be initiated by members of the Assembly, by the Council of Government, or, in matters affecting his responsibilities to the Security Council, by the Governor. The Governor shall promulgate the laws, duly passed by the Assembly. The Governor may, however, within ten days after a draft law has been presented to him for promulgation, return to the Assembly with his comments or recommendations any such law which, in his opinion, is contrary to the provisions of the Statute or contains provisions likely to imperil the independence, integrity or public order of the Free Territory or to prejudice the human and civil rights of its inhabitants. If the Assembly reenacts the draft law without amending it to the satisfaction of the Governor, the latter may maintain his refusal to promulgate it, but must immediately report his action to the Security Council whose ruling shall be final. Any draft law which has not been returned to the Assembly or rejected by the Governor within ten days after its presentation to him shall have the force of law. The Assembly may, by a two-thirds majority, petition the Security Council concerning any such refusal by the Governor to promulgate a draft law.
	Article 14—The Council of Government shall have the responsibility for preparing the budget of the Free Territory, including both revenue and expenditure, and for introducing the budget into the Assembly. If a budgetary year should begin without a budget having been duly enacted, the provisions of the budget of the preceding year shall be applied in the new budgetary year.
	Section V. Executive Authority
	Article 15—Subject to the responsibilities vested in the Governor by the Security Council, the executive authority shall be exercised by a Council of Government which will be formed by the Assembly and will be responsible to it. The Governor, or by his direction the Deputy Governor, shall attend, without right of vote, and preside over meetings of the Council and will speak, and, if he considers it necessary, give directions on all matters which, in his opinion, affect the responsibilities vested in him by the Security Council. The Director of Public Security and the Director of the Free Port Administration shall have the right to attend the meetings of the Council of Government and to speak on all matters affecting the responsibilities of their offices.
	Article 16—All administrative officials in the Free Territory shall hold their offices under the authority of the Governor. The Governor may, under appropriate safeguards of investigation and hearing, suspend or remove any administrative official any of whose acts contravenes, in the opinion of the Governor, the responsibilities of the Governor to the Security Council.
	Section VI. The Judiciary
Agreed U.K. Art. 19(a) U.S.S.R. Art. 14 French Art. 21–1st	Article 17—The judicial authority in the Free Territory shall be exercised by tribunals established pursuant to the Constitution and laws of the Free Territory.
Agreed U.K. Art. 19(b) U.S.S.R. Art. 15 French Art. 21–2nd	Article 18—The Constitution of the Free Territory shall guarantee the complete freedom and independence of the judiciary and shall provide for appellate jurisdiction.
U.K. Art. 30 French Art. 21–3rd	Article 19—The Governor shall appoint, with the advice of the Council of Government, the members of the judiciary and, subject to such safeguards of investigation and hearing as may be established by the Constitution of the Free Territory, shall have the right to suspend or remove any member of the judiciary on account of any action or conduct incompatible with the responsibilities of his office. The Assembly, by a two-thirds majority, may request the Governor to investigate any charge brought against a member of the judiciary which, if proved, would warrant his suspension or removal.
	Section VII. Responsibilities of the Governor
U.K. Art. 21	Article 20—The Governor shall be responsible to the Security Council for ensuring the observance of this Statute and the maintenance of public order within the Free Territory. The Governor shall present to the Security Council annual reports concerning the operation of the Statute and the performance of his duties.
U.K. Art. 22	Article 21—In order that he may carry out his responsibilities to the Security Council under the present Statute, the Governor shall possess the power to proclaim a state of siege. He shall also possess and exercise reserve powers for the following purposes.
	(a) to maintain the provisions of the present Statute including protection of the basic human rights of the inhabitants of the Free Territory, and
	(b) to assure the integrity and independence and the public order and security of the Free Territory.
U.K. Art. 23	Article 22—In the application of his reserve powers the Governor may suspend the effect of any legislative act and rescind any administrative measure which, in his opinion, conflicts with his responsibilities to the Security Council and may, if he deems it necessary, issue orders with the effect of law.
U.K. Art. 24	Article 23—The Governor, on each occasion when he exercises his reserve powers, shall report his action to the Security Council within one month, giving the reasons for such action. The legislative Assembly may, by a two-thirds majority, petition the Security Council concerning any such exercise of the reserve powers of the Governor.
U.K. Art. 25	Article 24—Subject to any directions issued by the Security Council, the Governor, in carrying out his responsibilities for the maintenance of public order and security within the boundaries and territorial waters of the Free Territory, shall be empowered to maintain police forces, local gendarmerie and coast guards.
U.K. Art. 26	Article 25—The power of pardon and reprieve shall vest in and be exercised by the Governor.
	Section VIII. Foreign Relations
U.K. Art. 27	Article 26—The Governor shall be responsible for conducting the foreign relations of the Free Territory with the advice of the Council of Government. It shall be the responsibility of the Governor to ensure the protection abroad of the interests of the citizens of the Free Territory.
U.K. Art. 28	Article 27—In carrying out his responsibilities under the preceding Article the Governor shall be empowered:
	(a) to conclude agreements with States for the purposes of furthering the economic and other interests of the Free Territory and to enter into or accede to multilateral international agreements;
	(b) to consult all specialised agencies of the United Nations and other international organisations and to accept membership in such organisations; and
	(c) to accept consular representatives of foreign Governments.
	Article 28—The Free Territory shall have its own flag and coat-of-arms.
	Section IX. Economic Provisions
Agreed U.K. Art. 34 U.S.S.R. Art. 24 French Art. 22 U.K. Art. 35	Article 29—The Free Territory shall have its own monetary system.
	Article 30—(a) A Free Port shall be established in the Free Territory and shall be administered on the basis of the provisions of the international [instrument]2 regulating the Free Port of Trieste. The Government of the Free Territory shall enact all necessary legislation and take all necessary steps to give effect to the provisions of such [instrument].2
	(b) The Governor shall appoint a representative of the Free Territory to the International Commission for the Free Port.
U.K. Art. 36	Article 31—(a) The Free Territory is entitled to open registers for the registration of ships and vessels owned by the Government of the Free Territory or by persons or organisations domiciled within the Free Territory.
	(b) The Free Territory shall open special maritime registers for Czechoslovak, Austrian, Swiss or Hungarian ships and vessels upon request of any one of these Governments. Vessels entered in these registers shall fly the flags of their respective countries.
	Section X. Local Government
Agreed U.K. Art. 30 U.S.S.R. Art. 11 French Art. 11	Article 32—The Constitution of the Free Territory shall provide for the establishment of organs of local government on democratic principles, including universal, equal, direct and secret suffrage.
	Section XI. Citizenship and Language
U.K. Art. 31–32	Article 33—(a) All persons who qualify for citizenship of the Free Territory in accordance with Articles _________ of the Treaty of Peace with Italy and become citizens shall be the original citizens of the Free Territory with full civil and political rights and shall have no other citizenship.
	(b) The acquisition of citizenship by persons who are not original citizens of the Free Territory shall be regulated by the provisions of the Constitution.
U.S.S.R. Art. 23	Article 34—The official languages of the Free Territory shall be Italian, Slovene and Croatian.
	Section XII. Interpretation and Application of the Statute
U.K. Art. 37	Article 35—Any disputes relating to the interpretation or application of this Statute arising between the Free Territory and any other State or between any other States, whenever such disputes affect the interests or obligations of such States, or any other legal disputes arising between the Free Territory and any other State shall be referred in the first place to the Security Council, and any decision of the Security Council shall be binding on the Free Territory. If the Security Council shall not have been able, within three months of the reference to it, to find a solution of the difference, or if its solution is not acceptable to any State party to the dispute other than the Free Territory, the issue shall be referred for decision to the International Court of Justice.
U.K. Art. 38	Article 36—The Assembly may, by a majority of two-thirds of its members, petition the Security Council if the Assembly considers that the action of the Governor is not in accordance with the present Statute, and in this event the Security Council may give directions relating to the matter, which shall immediately be put into effect.
	Section XIII. Commencement and Amendment of the Statute
U.K. Art. 39	Article 37—This Statute shall constitute the permanent Statute of the Free Territory, subject to any amendment which may hereafter be made by the Security Council. Petitions for the amendment of the Statute may be presented to the Security Council of the United Nations by the Governor or by the Assembly upon a vote taken by a two-thirds majority.
Agreed U.K. Art. 40 U.S.S.R. Art. 31 French Art. 26	Article 38—The present Statute shall come into force on a date which shall be determined by the Security Council of the United Nations.

draft permanent statute for the free territory of trieste

Memorandum of the French Representative

The French delegation has the honour to set forth hereunder the principles by which it has been guided in framing a draft Permanent Statute of the Free Territory of Trieste, and which are implicit in the decision of the Council of Foreign Ministers, dated 3rd July, 1946.

In the first place, the French delegation felt that in making the Security Council of the United Nations responsible for guaranteeing the integrity and independence of the Free Territory, for approving its Statute and appointing the Governor, the Ministers considered that the latter should be the representative of the Security Council in the Free Territory and should, in this capacity, be given powers sufficient to enable him to ensure observance of the principles contained in the decision of July 3rd which the Permanent Statute is primarily intended to guarantee. This is why it was necessary to allow the Governor to take appropriate steps to safeguard those principles whenever they were involved, that is whenever the points at issue affected the integrity or independence of the Free Territory, human or civic rights, or the application of the Permanent Statute.

Moreover, the guiding principle which has prompted the Council of Foreign Ministers to have a draft Permanent Statute prepared by the Conference derived from their anxiety to guarantee the maintenance of peace and the security of the population in this region. Hence the general structure of the draft submitted by the French delegation which emphasises the important role to be played by the Security Council in supervising the Free Territory and entrusts the Governor, as representative of the Council, with the task of maintaining public order and with certain responsibilities connected with the operation of public services in the Free Territory.

The decision of the Council of Foreign Ministers further provides that the executive organs and legislative bodies shall be established on democratic principles. The provisions in the French delegation’s draft concerning the Assembly and the Council of Government appointed therefrom are based on this principle. However, it had to be borne in mind that the intention of the Council of Foreign Ministers was to create not a State but a Free Territory and that the Government of the latter would necessarily have to deal with essentially administrative problems. It was therefore advisable to include provisions which would give a certain stability to the Council of Government.

Finally, with regard to the establishment of a Free Port at Trieste, the French draft differs from the other drafts in that it suggests to make the whole of the Free Territory of Trieste a free zone. The French delegation believes that this would have the effect of ensuring the prosperity of the Free Territory by favouring the maintenance and expansion of the manufacturing industries and certain branches of trade. This would seem most important as on this prosperity will depend in the last instance the prosperity of the public finances of the Free Territory and the stability of its currency.

However, the French delegation has made its contribution to the work of the Sub-Commission for the Free Port in order to look for some other formula in case its own proposal should not be adopted.

Identical Articles in other Drafts	draft permanent statute for the free territory of trieste
	Proposal by the French Representative
	I. General Provisions
	Article 1—The area defined in Article … of the Peace Treaty with Italy, the boundaries of which shall, in conformity with Article … of the said Treaty, be determined on the ground by a Demarcation Commission, is constituted the Free Territory of Trieste.
U.S.S.R. Art. 2	Article 2—The integrity and independence of the Free Territory shall be assured by the Security Council of the United Nations.
	Article 3—The Free Territory shall be, and shall remain, demilitarised. It shall not maintain any armed forces, other than the police and gendarmerie required to enforce law and order in the territory, as hereinafter provided.
	No military, naval or air forces, except upon direction from the Security Council, shall be allowed in the Free Territory or in its territorial waters.
	The Free Territory shall refrain from entering into negotiations or arrangements having the nature of an alliance or liable to involve military obligations.
	Article 4—The Free Territory shall have its own flag.
	Article 5—The Free Territory shall admit the consular representatives of other States. It may maintain consular representatives in foreign cities or ports in which the interests of nationals of the Free Territory require protection.
	Article 6—The Free Territory may accede to international conventions or become a member of international organisations provided the aim of such conventions or organisations is to settle economic, cultural, social or health questions.†
	Article 7—The Security Council shall ensure the observance of the provisions of the Statute within the Free Territory.
	Article 8—The Free Territory shall constitute a free zone. No dues shall be levied on the import or export of goods other than those commensurate with services rendered, and such dues shall be identical for all categories of merchandise, irrespective of origin or destination.
	The foregoing provision shall not prevent the levying, should occasion arise, of fiscal or consumption taxes on goods intended for the Free Territory itself.
	Article 9—The Free Territory shall adopt its Constitution in accordance with democratic processes. The present Statute shall, however, form an integral part of the Constitution which shall not include any clauses incompatible with its provisions.
Agreed U.K. Art. 4 U.S. Art. 4 U.S.S.R. Art. 22	Article 10—The Constitution of the Free Territory shall ensure to all persons under the jurisdiction of the Free Territory without distinction as to ethnic origin, sex, language or religion, the enjoyment of human rights and of the fundamental freedoms, including freedom of religious worship, language, speech and publication, education, assembly and association. Citizens of the Free Territory shall be assured equality of access to public office.
	Article 11—The Constitution of the Free Territory shall provide for the establishment of organs of local government on democratic principles, including universal, equal, direct and secret suffrage.
	Article 12—The official languages of the Free Territory shall be Italian and Slovene. The Assembly shall determine in what circumstances Croat may be recognised as a third official language.‡Suggested provisions for the transitory period. 12 A. Citizenship questions in the Free Territory shall be governed by the provisions of the Peace Treaty with Italy dated ______________ until such time as the Constitution shall have adopted legislation in this respect, which legislation shall comply with the aforesaid provisions of the Peace Treaty. [Footnote in the source text.]
	II. Organs of Government
	a. the governor
	Article 13—The Security Council shall appoint a Governor after consultation with the Governments of Yugoslavia and Italy.
	The Governor shall not be a national of either Yugoslavia or Italy.
	The Governor shall be appointed for a term of five years and may be re-appointed. He may at any time be suspended or removed from office by the Security Council, but no measure may be taken against him until he has first stated his case.
	The salary and allowances of the Governor and of the Deputy-Governor shall be determined by the Security Council and borne by the budget of the United Nations.
	Article 14—Apart from the governmental or administrative attributions assigned to him by the Statute, the Governor shall be the custodian for the observance of the Statute.
	He shall receive instructions only from the Security Council, to which he shall submit annual reports on the discharge of his duties, the application of the Statute, and the general situation in the Free Territory.
	Article 15—The Governor shall appoint a Deputy Governor, who shall also act as Director of Public Security.
	The general rules stipulated in Articles 13 and above apply to the Deputy Governor, who shall act for the Governor whenever the latter is prevented from performing his duties.
	b. the assembly
	Article 16—Legislative authority shall be exercised by an Assembly elected by universal, equal, direct and secret suffrage, with voting rights for adult males and females.
	The Assembly may formulate proposals for amending the Constitution of the Free Territory by a two-thirds majority; such amendments shall only become definitive after the Security Council has signified its approval.
	The Assembly shall adopt an electoral law, in conformity with the general principles and the essential guarantees stipulated in the Constitution of the Free Territory.§Suggested provisions for the transitory period. 16A. The election of the first Assembly shall be organised under the supervision of the Security Council, who shall specify the method of holding the election, after ascertaining the views of chief bodies representative of local public opinion. [Footnote in the source text.]
	c. the council of government
	Article 17—Executive authority shall be exercised by a Council of Government.
	The members of the Council of Government, whose number shall correspond to that of the principal administrative departments subject to executive supervision, shall be elected by the Assembly under a system of proportional representation, in principle, for a term of one year. They may be re-appointed.
	Members of the Council can only be removed from office by the Assembly, prior to the expiry of their year of office, by a two-thirds majority vote. They shall be required to stand for re-election whenever there is a change of legislature.
	The Governor shall preside over meetings of the Council of Government; the Deputy Governor shall be ex officio a member of the Council.
	A member of the Council of Government may be designated from among the members elected by the Assembly to represent the Council in its relations with the Assembly.
	d. relations between the various organs of government
	Article 18—The Governor is the representative of the Security Council, and the supervision of the Free Territory by the said Council shall be exercised, in the first instance, by the Governor. In this capacity:
	(a) He shall be solely responsible, but in consultation with the President of the Assembly, for maintaining relations between the Free Territory and other States.
	(b) He shall be responsible for the maintenance of order and internal security. For this purpose, he shall recruit police, gendarmerie and coastguard forces. The Security Council shall be consulted with regard to the armament of these forces.
	(c) He shall be responsible for ensuring that the provisions of the Statute are duly observed and applied.
	The Governor shall promulgate the laws, and issue administrative regulations necessary for their application and for the orderly working of the public services and maintenance of order.
	The Governor may refuse to promulgate a draft law passed by the Assembly, if, in his opinion, it contains provisions which are contrary to the Statute or are likely to imperil the independence, integrity or internal order of the Free Territory, or to prejudice the rights and liberties guaranteed by the Constitution of the Free Territory. If the draft law is not amended by the Assembly, the Governor may maintain his refusal, but must immediately report to the Security Council, whose ruling shall be final.
	The Governor shall possess the power to proclaim a state of siege.║
	Article 19—Laws shall be enacted by the Assembly on the initiative of any member of the Council of Government, or of the Governor.
	The Council of Government prepares the annual budget of the Free Territory, including both revenue and expenditure, and submits the budget to the Assembly.
	Should the Assembly fail to vote the budget within the proper time-limit, the provisions of the budget of the preceding year shall be applied to the new budgetary year.
	Article 20—The Assembly may, by a two-thirds majority, petition the Security Council to draw its attention to any act of the Governor which it regards as not in accordance with the present Statute, or likely to prejudice human and civic rights, or likely to imperil the independence or integrity of the Free Territory.¶Suggested provisions for the transitory period. 20A. Pending an Assembly vote to the contrary, the laws and regulations at present in force in the Free Territory shall continue to be applied. [Footnote in the source text.]
	III. The Judiciary
Paragraphs 1 and 2 Agreed U.K. Art. 19 U.S. Art. 17 and 18 U.S.S.R. Art. 14 and 15 Paragraph 3 U.K. Art. 20 U.S. Art. 19	Article 21—The judicial authority in the Free Territory shall be exercised by tribunals established pursuant to the Constitution and laws of the Free Territory.
	The Constitution of the Free Territory shall guarantee the complete freedom and independence of the judiciary and shall provide for appellate jurisdiction.
	The Governor shall appoint with the advice of the Council of Government the members of the judiciary and, subject to such safeguards of investigation and hearing as may be established by the Constitution of the Free Territory, shall have the right to suspend or remove any member of the judiciary on account of any action or conduct incompatible with the responsibilities of his office.
	The Assembly, by a two-thirds majority vote, may request the Governor to investigate any charge brought against a member of the judiciary which, if proved, would warrant his suspension or removal.**Suggested provision for the transitory period.—21A. Until such time as the judicial organisation is determined by the Constitution of the Free Territory, the Courts in office shall continue to exercise justice. The Constitution may, on a temporary basis, provide for the revision of certain judgments. [Footnote in the source text.]
	IV. Economic Clauses
Agreed U.K. Art. 34 U.S. Art. 29 U.S.S.R. Art. 24	Article 22.—The Free Territory shall have its own monetary system.
	Article 23.—The Trieste Harbour Board and the Railway Board shall include representatives of the United States of America, France, the United Kingdom, and U.S.S.R. together with those of the other States directly concerned. Railway rates and the various dues levied by the Harbour Board for services rendered shall be uniform for all parties.
	V. Interpretation of the Statute
	Article 24.—Any dispute relating to the interpretation of the Statute shall be referred in the first instance by any of the parties involved to the Security Council. The decisions of the Council on these matters shall be binding on the Free Territory.
	If the Security Council shall not have been able within three months of the matter being referred to it to find a solution of the dispute, or if this solution is not accepted by any State, party to the dispute, other than the Free Territory, the dispute shall be submitted to the International Court of Justice.
	VI. Commencement and Amendment of the Statute
	Article 25.—This Statute shall constitute the permanent Statute of the Free Territory, subject to any amendments which may hereafter be made by the Security Council.
Agreed U.K. Art. 40 U.S. Art. 38 U.S.S.R. Art. 31	Article 26.—The present Statute shall come into force upon a date which shall be determined by the Security Council of the United Nations.

1. The degree mark indicates sub-paragraph.
2. The sentence in brackets is included as a recommendation for consideration by the Security Council. [Footnote in the source text.]
2. Brackets appear in the source text.
2. Brackets appear in the source text.
3. Suggested provisions for the transitory period. 6A. The Government shall provisionally ensure the observance of conventions of the above nature which were in force within the boundaries of the Free Territory prior to its constitution. [Footnote in the source text].

6. Suggested provisions for the transitory period.

   18A. Until such time as it shall otherwise decide, the Security Council shall place at the Governor’s disposal the international police and gendarmerie forces necessary to maintain order and internal security in the Free Territory.

   18B. Subject to an immediate report to the Security Council, and until such time as the latter shall otherwise decide, the Governor shall have the right to issue ordinances of a binding character in all cases of emergency connected with the observance of the Statute, human and civic rights, or the integrity and independence of the Free Territory. [Footnote in the source text.]