At last, at last!
I started re-reading the material I have read over the past seven years in order to write out my Doctoral thesis.
If I had not come across Dr Antonio Cassese's book on the right to self-determination, I would never have thought of attempting a second dissertation. It has already been two months since I started to read Dr Cassese's book, remembering Dr Igarashi's argument for free association, and started to turn the pages. I have jumped to the theory of trusteeship and have lost my coherence. Seven years of document research. I've forgotten quite a bit. But all of this is about Micronesia concluding the Free Association Agreement, which is currently being hotly debated in the United States.
I read the Igarashi thesis ( Doctoral dissertation) on Associated States in 2017 and made notes on it. The part that caught my attention this time is that self-government appears in chapters 11 and 12 of the UN Charter. Namely, the discussion on trusteeship. Who decides on what criteria whether autonomy is achieved or not? There has been considerable debate at the UN.
Chapter 11, Article 73 of the UN Charter does not define non-self-governing regions, does not specify who has the authority to do so, and does not specify the criteria for self-government. Now I know why this is: I have been re-reading the relevant papers for two months. The reason is that the US did not want to give up the Micronesian territory. Therefore, the US overlooked the annexation of the Northern Territories by the Soviet Union.
The definition of self-government is discussed in
1952.1.18 General Assembly resolution 567 (VI)
1952.12.10 General Assembly resolution 647 (VII))
27.11.1953 General Assembly resolution 742 (VIII))
Copied and pasted below.
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イヨイヨ！愈愈！
博論を書き出そうと思って過去7年間に読んできた資料を再読し始めた。
アントニオ・カッセーゼ博士の自決権の本に出会わなければ２つ目の博論に挑もうなどと思いもしなかっただろう。カッセーゼ先生の本を読みながら五十嵐博士の自由連合論を思い出し、ページを捲り出してから早く２ヶ月。信託統治論に飛んだりしてまとまりがつかなくなってきた。。７年間の資料研究。相当忘れている。しかしこれら全て現在米国で熱く議論されている自由連合協定を締結するミクロネシアの話なのである。
五十嵐論文（博論である）の提携国家論は2017年に読んでメモを残してある。今回気になった箇所は自治は国連憲章11・12章に出てくる。すなわち信託統治に関する議論である。自治が達成されたされないは誰がどのような基準できめるのか？国連で相当な議論がされた。
国連憲章11章73条は非自治区を定めず、誰がその権限があるかも定めず、さらに自治の基準が定めていない。今私はこの理由がわかる。２ヶ月関連論文を再読してきたのだ。理由は米国がミクロネシア地域を手放したくなかったのだ。そのため米国はソ連が北方領土を併合した事に目を瞑った。
自治の定義が議論されているのが
1952.1.18 総会決議567（VI)
1952.12.10 総会決議647（VII)
1953.11.27 総会決議742（VIII)
下記にコピペしておいた。
567 (VI).
Future procedure for continuation of the study of factors which should be taken into account in deciding whether a territory is or is not a territory whose people have not yet attained a full measure of self-govemment
361st plenary meeting, 18 January 1952.
Future procedure for the continuation
The General Assembly,
Recalling that, in resolution 334 (IV) adopted on 2 December 1949, the General Assembly invited any spe- cial committee which might be appointed on informa- tion transmitted under Article 73 e of the Charter to examine the factors which should be taken into account in deciding whether any territory is or is not a terri- tory whose people have not yet attained a full measure of self-government,
Havi.ng examined the report on the matter prepared by the Special Committee on Information transmitted under Article 73 e of the Charter,26
Having undertaken a revision of the above-men- tioned factors,
Considering that the production of a more definitive list of factors involves protracted and complex studies on the basis of more complete information than was available in 1951,
1. Decides to take as a basis the list of factors · drawn up at the sixth session of the General Assemblv,
which list is annexed to the present resolution; - 2. Invites the Members of the United Nations to
transmit in writing to the Secretary-General, by 1 May 1952, a statement of the views of their governments on the factors which should be taken into account in de- ciding whether a territory is or is not a territory whose people have not yet attained a full measure of self- government;
3. Appoints an Ad Hoe Committee of ten members comprising Australia, Belgium, Burma, Cuba, Den- mark, France, Cuatc:mala, Iraq, the United States of America and Venezuela, in order to carry out a further study of the factors which should he taken into account
in deciding whether a territory is or is not a territory whose people have not yet attained a full measure of self-government ;
4. Invites the Ad Hoe Committee to take into ac- count all information available, including that trans- mitted to the Secretary-General on the rca:,;ons which have led certain Administering Members to cease to transmit information on certain of these territories, and to submit a report to the General Assembly at its seventh regular session ;
5. Im.:it,:s the Secretary-General to convene the Ad H oc Committee in order that it may begin its work one week before the opening of the 1952 session of the Committee on Information from Non-Self-Governing Territories.27
361st plenary meeting, 18 January 1952.
647 (VII). Participation of Non•Self-Governing Territories in the work of the Committee on Information Crom Non-Self-Governing Terri• tories
The Ge,aeral Assembly,
Recalling that, in resolution 566 (VI) adopted on 18 January 1952, the General Assembly invited the Committee on Information from Non-Self-Goveming Territories to examine the possibility of associating the Non-Self-Gpverning Territories more closely in its work and to report the results of its examination of this problem to the General Assembly at its seventh session in connexion with the Assembly's consideration of the Committee's future,
Recalling that it bas been found both possible and useful to associate Non-Self-Govëming Territories with the work of technical organs of the United Na- tions. including the specialized agencies,
Recognizing that direct 'participation of the Non- Self-Governing Territories in the work of the Com- mittee on Information from Non-Self-Goveming Ter- ritories can be of further assistance in promoting the progress of these Territories and their peoples towards the goals set forth in Chapter XI of the Charter of the United Nations, .
Noting that the Members administering Non- Self-C10verning Territories have from 1time to time attached qualified persons from these Territories to their delegations to the Committee,
l. Consider.s it de.sirable that there be associated in the work of the Committee on Information from Non- Self-Goveming Territories qualified indigenous repre- sentatives from Non-Self-Goveming Territories, and invites the Administering Members to make such par- ticipation possible ;
2. lwvites the Administering Members to transmit copies of the reports on economic, social and educa- tional conditions of the Committee on Information from Non-Self-Goveming Territories, together with the relevant resolutions of the General Assembly, to the executive and legislative branches of these Territories;
3. Invites the Committee on Information from Non-Self-Goveming Territories to study further tht question of the direct participation, in its discussiovi on economic, social and educational conditions, of rep· resentatives of those Territories the inhabitants ol which have attained a wide measure.of responsibilit;; for economic, social and educational policies, and to include recommendations on this question in its re· port to the General Assembly at its eighth session.
402nd plenary meeting, 10 December 1952.
742 (VIII). Factors which should be taken into account in deciding whether a Territory is or is not a Territory whose people have not yet attained a full measure of self-government. The General Assembly, Bearing in mind the principles embodied in the Declaration regarding Non-Self-Governing Territories and the objectives set forth in Chapter XI of the Charter, Recalling the provisions of resolutions 567 (VI) and 648 (VII), adopted by the General Assembly on 18 January and 10 December 1952 respectively, indicating the value of establishing a list of factors which should be taken into account in deciding whether a Territory has or has not attained a full measure of self-government, Having regard to the competence of the General Assembly to consider the principles that should guide the United Nations and the Member States in the implementation of obligations arising from Chapter XI of the Charter and to make recommendations in connexion with them, Having examined the report of the Ad Hoc Committee on Factors (Non-Self-Governing Territories) set up by resolution 648 (VII), 1. Takes note of the conclusions of the report of the Ad Hoc Committee on Factors (Non-Self-Governing Territories); 2. Approves the list of factors as adopted by the Fourth Committee; 3. Recommends that the annexed list of factors should be used by the General Assembly and the Administering Members as a guide in determining whether any Territory, due to changes in its constitutional status, is or is no longer within the scope of Chapter XI of the Charter, in order that, in view of the documentation provided under resolution 222 (III) of 3 November 1948, a decision may be taken by the General Assembly on the continuation or cessation of the transmission of information required by Chapter XI of the Charter; 4. Reasserts that each concrete case should be considered and decided upon in the light of the particular circumstances of that case and taking into account the right of self-determination of peoples; 5. Considers that the validity of any form of association between a Non-Self-Governing Territory and a metropolitan or any other country essentially depends on the freely expressed will of the people at the time of the taking of the decision; 6. Considers that the manner in which Territories referred to in Chapter XI of the Charter can become fully self-governing is primarily through the attainment of independence, although it is recognized that self-government can also be achieved by association with another state or group of states if this is done freely and on the basis of absolute equality; 7. Reaffirms that the factors, while serving as a guide in determining whether the obligation as set forth in Chapter XI of the Charter shall exist, would in no way be interpreted as a hindrance to the attainment of a full measure of self-government by the Non-Self-Governing Territory; 8. Further reaffirms that, for a Territory to be deemed self-governing in economic, social or educational affairs, it is essential that its people shall have attained a full measure of self-government; 9. Instructs the Committee on Information from Non-Self-Governing Territories to study any documentation transmitted hereafter under resolution 222 (III) in the light of the list of factors approved by the present resolution, and other relevant consideration which may arise from each concrete case of cessation of information; 10. Recommends that the Committee on Information from Non-Self-Governing Territories take the initiative of proposing modifications at any time to improve the list of factors, as may seem necessary in the light of circumstances. 459th plenary meeting 27 November 1953 ANNEX List of Factors FACTORS INDICATIVE OF THE ATTAINMENT OF INDEPENDENCE OR OF OTHER SEPARATE SYSTEMS OF SELF-GOVERNMENT First Part FACTORS INDICATIVE OF THE ATTAINMENT OF INDEPENDENCE A. International Status 1. International responsibility. Full international responsibility of the Territory for the acts inherent in the exercise of its external sovereignty and for the corresponding acts in the administration of its internal affairs. 2. Eligibility for membership in the United Nations 3. General International Relations. Power to enter into direct relations of every kind with other governments and with international institutions and to negotiate, sign and ratify international instruments. 4. National defence. Sovereign right to provide for its national defence. B. Internal Self-Government 1. Form of government. Complete freedom of the people of the Territory to choose the form of government which they desire. 2. Territorial government. Freedom from control of interference by the government of another State in respect of the internal government (legislature, executive, judiciary, and administration of the Territory). 3. Economic, social and cultural jurisdiction. Complete autonomy in respect of economic, social and cultural affairs. Second Part FACTORS INDICATING THE ATTAINMENT OF OTHER SEPARATE SYSTEMS OF SELF-GOVERNMENT A. General 1. Opinion of the population. The opinion of the population of the Territory, freely expressed by informed and democratic processes, as to the status or change in status which they desire. 2. Freedom of choice. Freedom of choosing on the basis of the right of self-determination of peoples between several possibilities, including independence. 3. Voluntary limitation of sovereignty. Degree of evidence that the attribute or attributes of sovereignty which are not individually exercised will be collectively exercised by the larger entity thus associated and the freedom of the population of a Territory which as association itself with the metropolitan country to modify at any time this status through the expression of their will by democratic means. 4. Geographical considerations. Extent to which the relations of the Non-Self-Governing Territory with the capital of the metropolitan government may be affected by circumstances arising out of their respective geographical positions, such as separation by land, sea or other natural obstacles; and extent to which the interests of boundary States may be affected, bearing in mind the general principles of good-neighborliness referred to in Article 74 of the Charter. 5. Ethnic and cultural considerations. Extent to which the populations are of different race, language or religion or have a distinct cultural heritage, interests or aspirations, distinguishing them from the country with which they freely associate themselves. 6. Political advancement. Political advancement of the population sufficient to enable them to decide upon the future destiny of the Territory with knowledge. B. Internal status 1. General international relations. Degree or extent to which the territory exercises the power to enter freely into direct relations of every kind with other governments and with international institutions and to negotiate, sign and ratify international instruments freely. Degree or extent to which the metropolitan country is bound, through constitutional provisions or legislative means, by the freely expressed wishes of the Territory in negotiating, signing and ratifying international conventions which may influence conditions in the Territory. 2. Change of political status. The right of the metropolitan country or the Territory to change the political status of that Territory in the light of the consideration whether that Territory is or is not subject to any claim or litigation on the part of another State. 3. Eligibility for membership in the United Nations. C. Internal self-government 1. Territorial government. Nature and measure of control or interference, if any, by the government of another State in respect of the internal government, for example, in respect of the following: Legislature: The enactments of laws for the Territory by an indigenous body whether fully elected by free and democratic processes or lawfully constituted in a manner receiving the free consent of the population; Executive: The selection of members of the executive branch of the government by the competent authority in the Territory receiving consent of the indigenous population, whether that authority is hereditary or elected, having regard also to the nature and measure of control, if any, by an outside agency on that authority, whether directly of indirectly exercised in the constitution and conduct of the executive branch of the government. Judiciary: The establishments of courts of law and the selection of judges. 2. Participation of the population. Effective participation of the population in the government of the Territory; (a) is there an adequate and appropriate electoral and representative system? (b) Is this electoral system conducted without direct or indirect interference from a foreign government? 3. Economic, social and cultural jurisdiction. Degree of autonomy in respect of economic, social and cultural affairs, as illustrated by the degree of freedom from economic pressure as exercised, for example, by a foreign minority group which, by virtue of the help of a foreign Power, has acquired a privileged economic status prejudicial to the general economic interest of the people of the Territory; and by the degree of freedom and lack of discrimination against the indigenous population of the Territory in social legislation and social developments. Third part FACTORS INDICATIVE OF THE FREE ASSOCIATION OF A TERRITORY ON EQUAL BASIS WITH THE METROPOLITAN OR OTHER COUNTRY AS AN INTEGRAL PART OF THAT COUNTRY OR IN ANY OTHER FORM A. General 1. Opinion of the population. The opinion of the population of the Territory, freely expressed by informed and democratic processes, as to the status or change in status which they desire. 2. Freedom of choice. The freedom of the population of a Non-Self-Governing Territory which has associated itself with the metropolitan country as an integral part of that country or in any other form to modify this status through the expression of their will be democratic means. 3. Geographical considerations. Extent to which the relations of the Territory with the capital of the central government may be affected by circumstances arising out of their respective geographical positions, such as separation by land, sea or other natural obstacles. The right of the metropolitan country or the Territory to change the political status of that Territory in the light of the consideration whether that Territory is or is not subject to any claim or litigation on the part of another State. 4. Ethnic and cultural considerations. Extent to which the populations are of different race, language or religion or have a distinct cultural heritage, interests or aspirations, distinguishing them from the peoples of the country with which they freely associate themselves. 5. Political advancement. Political advancement of the population sufficient to enable them to decide upon the future destiny of the Territory with due knowledge. 6. Constitutional considerations. Association by virtue of a treaty or bilateral agreement affecting the status of the Territory, taking into account (i) whether the constitutional guarantees extend equally to the associated Territory, (ii) whether there are powers in certain matters constitutionally reserved to the Territory or in the central authority, and (iii) whether there is provision for the participation of the Territory on a basis of equality in any changes in the constitutional system of the State. B. Status 1. Legislative representation. Representation without discrimination in the central legislative organs on the same basis as other inhabitants and regions. 2. Participation of the population. Effective participation of the population in the government of the Territory: (a) Is there an adequate and appropriate electoral and representative system? (b) Is this electoral system conducted without direct or indirect interference from a foreign government? 3. Citizenship. Citizenship without discrimination on the same basis as other inhabitants. 4. Government officials. Eligibility of officials from the Territory to all public offices of the central authority, by appointment or election, on the same basis as those from other parts of the country. C. Internal constitutional conditions 1. Suffrage. Universal and equal suffrage, and free periodic elections, characterized by an absence of undue influence over and coercion of the voter or of the imposition of disabilities on particular political parties. 2. Local rights and status. In a unitary system equal rights and status for the inhabitants and local bodies of the Territory as enjoyed by inhabitants and local bodies of other parts of the country; in a federal system an identical degree of self-government for the inhabitants and local bodies of all parts of the federation. 3. Local officials. Appointment or election of officials in the Territory on the same basis as those in other parts of the country. 4. Integral legislation. Local self-government of the same scope and under the same conditions as enjoyed by other parts of the country. 5. Economic, social and cultural jurisdiction. Degree of autonomy in respect of economic, social and cultural affairs, as illustrated by the degree of freedom from economic pressure as exercised, for example, by a foreign minority group which, by virtue of the help of a foreign Power, has acquired a privileged economic status prejudicial to the general economic interest of the people of the Territory; and by the degree of freedom and lack of discrimination against the indigenous population of the Territory in social legislation and social developments.
