ODA Files, Lot 60 D 512

Discussion Brief for Bilateral Talks on Colonial Policy To Be Held at London and Paris (Agenda Item IV (b) 3)

confidential

Item IV, (b), 3: The Relationship Between the Trusteeship Council and the General Assembly

I. Problem: To determine U.S. position on relationship between General Assembly and Trusteeship Council. Non-administering Members cite Articles 85, 87 in contending Council executive body of Assembly; administering Members maintain Council principal organ with powers of deliberation, conclusion; cite balanced nature, majority rule of Council.

II. Recommended United States Position:

A. U.S. should maintain its position on general question of relationship TC to GA; i.e.:

1.
Assembly should not attempt detailed resolutions on Council’s work; direct recommendations from Assembly to Administering Authority should not be encouraged; such action more appropriate for TC.
2.
Authority of Assembly (per Articles 85, 87) should not be exercised in a manner which would deny Council independent, deliberative qualities.
3.
If the question arises, US should state that it considers inadvisable at this time attempt by Assembly or ICJ to define relation of Council to Assembly, since
a.
Restrictive definition of Council’s powers disadvantageous;
b.
Broad definition might encourage direct recommendations by Assembly to Administering Authorities.
4.
It is desirable Administering Authorities avoid provoking non-administering Members to carry issues from Council to Assembly and should seek to dissuade latter from doing so unless we think such procedure justifiable.

B. In its consultations with non-administering Members, U.S. has outlined its concept of the relationship between the TC and the GA.