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$Unique_ID{COW04285}
$Pretitle{001}
$Title{United Nations
Chapter 12. International Trusteeship System}
$Subtitle{}
$Author{United Nations Publications}
$Affiliation{United Nations}
$Subject{trusteeship
article
nations
territories
united
system
agreements
territory
authority
trust}
$Date{1989}
$Log{}
Country: United Nations
Book: Charter of the United Nations
Author: United Nations Publications
Affiliation: United Nations
Date: 1989
Chapter 12. International Trusteeship System
Article 75
The United Nations shall establish under its authority an international
trusteeship system for the administration and supervision of such territories
as may be placed thereunder by subsequent individual agreements. These
territories are hereinafter referred to as trust territories.
Article 76
The basic objectives of the trusteeship system, in accordance with the
Purposes of the United Nations laid down in Article 1 of the present Charter,
shall be:
a. to further international peace and security;
b. to promote the political, economic, social, and educational
advancement of the inhabitants of the trust territories, and their progressive
development towards self-government or independence as may be appropriate to
the particular circumstances of each territory and its peoples and the freely
expressed wishes of the peoples concerned, and as may be provided by the terms
of each trusteeship agreement;
c. to encourage respect for human rights and for fundamental freedoms for
all without distinction as to race, sex, language, or religion, and to
encourage recognition of the interdependence of the peoples of the world; and
d. to ensure equal treatment in social, economic, and commercial matters
for all Members of the United Nations and their nationals, and also equal
treatment for the latter in the administration of justice, without prejudice
to the attainment of the foregoing objectives and subject to the provisions of
Article 80.
Article 77
1. The trusteeship system shall apply to such territories in the
following categories as may be placed thereunder by means of trusteeship
agreements:
a. territories now held under mandate;
b. territories which may be detached from enemy states as a result of the
Second World War; and
c. territories voluntarily placed under the system by states responsible
for their administration.
2. It will be a matter for subsequent agreement as to which territories
in the foregoing categories will be brought under the trusteeship system and
upon what terms.
Article 78
The trusteeship system shall not apply to territories which have become
Members of the United Nations, relationship among which shall be based on
respect for the principle of sovereign equality.
Article 79
The terms of trusteeship for each territory to be placed under the
trusteeship system, including any alteration or amendment, shall be agreed
upon by the states directly concerned, including the mandatory power in the
case of territories held under mandate by a Member of the United Nations, and
shall be approved as provided for in Articles 83 and 85.
Article 80
1. Except as may be agreed upon in individual trusteeship agreements,
made under Articles 77, 79 and 81, placing each territory under the
trusteeship system, and until such agreements have been concluded, nothing in
this Chapter shall be construed in or of itself to alter in any manner the
rights whatsoever of any states or any peoples or the terms of existing
international instruments to which Members of the United Nations may
respectively be parties.
2. Paragraph 1 of this Article shall not be interpreted as giving grounds
for delay or postponement of the negotiation and conclusion of agreements for
placing mandated and other territories under the trusteeship system as
provided for in Article 77.
Article 81
The trusteeship agreement shall in each case include the terms under
which the trust territory will be administered and designate the authority
which will exercise the administration of the trust territory. Such authority,
hereinafter called the administering authority, may be one or more states or
the Organization itself.
Article 82
There may be designated, in any trusteeship agreement, a strategic area
or areas which may include part or all of the trust territory to which the
agreement applies, without prejudice to any special agreement or agreements
made under Article 43.
Article 83
1. All functions of the United Nations relating to strategic areas,
including the approval of the terms of the trusteeship agreements and of their
alteration or amendment, shall be exercised by the Security Council.
2. The basic objectives set forth in Article 76 shall be applicable to
the people of each strategic area.
3. The Security Council shall, subject to the provisions of the
trusteeship agreements and without prejudice to security considerations, avail
itself of the assistance of the Trusteeship Council to perform those functions
of the United Nations under the trusteeship system relating to political,
economic, social, and educational matters in the strategic areas.
Article 84
It shall be the duty of the administering authority to ensure that the
trust territory shall play its part in the maintenance of international peace
and security. To this end the administering authority may make use of
volunteer forces, facilities, and assistance from the trust territory in
carrying out the obligations towards the Security Council undertaken in this
regard by the administering authority, as well as for local defence and the
maintenance of law and order within the trust territory.
Article 85
1. The functions of the United Nations with regard to trusteeship
agreements for all areas not designated as strategic, including the approval
of the terms of the trusteeship agreements and of their alteration or
amendment, shall be exercised by the General Assembly.
2. The Trusteeship Council, operating under the authority of the General
Assembly, shall assist the General Assembly in carrying out these functions.