Political Committee and the Constituent Assembly, a popular confirmation of the constitution now under preparation through a referendum, and a modification of the existing electoral law will be implemented before the date on which the Trusteeship Agreement is terminated, and that the Administering Authority will furnish a report on the implementation of these recommendations to the Trusteeship Council at its twenty-sixth session; "5. Resolves accordingly, in agreement with the Administering Authority, that on 1 July 1960, when Somalia shall become independent, the Trusteeship Agreement approved by the General Assembly on 2 December 1950 shall cease to be in force, the basic objectives of trusteeship having been attained; "6. Recommends that, upon the attainment of independence, Somalia shall be admitted to membership in the United Nations in accordance with Article 4 of the Charter of the United Nations. 846th plenary meeting, 5 December 1959.” U.N. Gen. Ass. Off. Rec. 14th Sess., Supp. No. 16 (A/4354), p. 33. Res. 1418 (XIV) was adopted unanimously. Doc. A/PV.846, Dec. 5, 1959, p. 633. "The Trust Territory of Somaliland, under Italian administration, will become an independent nation on July 1, 1960. Somalia was unique among the trust territories in that its independence date had been specifically set for December 2, 1960, by the Trusteeship Agreement. After careful consideration of all the factors involved, the General Assembly, at its 14th session, acceded to the wish of the Somali Legislative Assembly, endorsed by the Government of Somalia and to which the Administering Authority agreed, for earlier independence. On December 5, in a resolution cosponsored by the United States with seven other countries, the General Assembly resolved 'that Somalia shall become independent on 1 July 1960, and that on that date the Trusteeship Agreement approved by the General Assembly on 2 December 1950 shall cease to be in force.' "The trust territory, which covers an area of approximately 194,000 square miles along the eastern coast of the Horn of Africa, is still in the process of transferring governmental functions to a duly constituted government. It is expected that prior to independence the following measures will be adopted: (1) the Legislative Assembly will transform itself into a Constituent Assembly to draft and adopt a constitution; (2) the people of the territory will be called upon to ratify the constitution by some form of referendum; (3) the constitution will have to be promulgated, probably by the new Head of State as his first official act; (4) an electoral law will be drafted and an electoral register compiled; and (5) all governmental functions still carried on by the Italian administration will be absorbed by the Somali administration." U.S. participation in the U.N., report by the President to Congress for the year 1959, p. 181. Cameroons (U.K.) "1608 (XV). THE FUTURE OF THE TRUST TERRITORY OF THE CAMEROONS UNDER UNITED KINGDOM ADMINISTRATION "The General Assembly, "Recalling its resolution 1350 (XIII) of 13 March 1959 concerning the future of the Trust Territory of the Cameroons under United Kingdom administration in which the General Assembly recommended, inter alia, that the Administering Authority take steps, in consultation with the United Nations Plebiscite Commissioner for the Cameroons under United Kingdom Administration, to organize, under the supervision of the United Nations, separate plebiscites in the northern and southern parts of the Cameroons under United Kingdom administration, in order to ascertain the wishes of the inhabitants of the Territory concerning their future, and that the plebiscite in the Northern Cameroons be held about the middle of November 1959 on the basis of the two questions set out in paragraph 2 of the said resolution, "Recalling its resolution 1352 (XIV) of 16 October 1959 whereby it decided, inter alia, that a plebiscite in the Southern Cameroons would be held between 30 September 1960 and March 1961, on the basis of the two questions set forth in paragraph 2 of the said resolution, "Recalling further its resolution 1473 (XIV) of 12 December 1959 in which the General Assembly, having considered the results of the plebiscite in the northern part of the Cameroons under United Kingdom administration, recommended the organization by the Administering Authority, in consultation with the United Nations Plebiscite Commissioner, of a further plebiscite to be held in the Northern Cameroons under United Nations supervision between 30 September 1960 and March 1961, on the basis of the two questions defined in paragraph 3 of the said resolution, "Having examined the report of the United Nations Plebiscite Commissioner concerning the two plebiscites held in the Northern and the Southern Cameroons in February 1961 [Official Records of the General Assembly, Fifteenth Session, agenda item 13, addendum, document A/4727] and the report of the Trusteeship Council thereon [ibid., agenda item 13, document A/4726], "Having heard the petitioners, "1. Expresses its high appreciation of the work of the United Nations Plebiscite Commissioner for the Cameroons under United Kingdom Administration and his staff; "2. Endorses the results of the plebiscites that: "(a) The people of the Northern Cameroons have, by a substantial majority, decided to achieve independence by joining the independent Federation of Nigeria; 66 "(b) The people of the Southern Cameroons have similarly decided to achieve independence by joining the independent Republic of Cameroun; "3. Considers that, the people of the two parts of the Trust Territory having freely and secretly expressed their wishes with regard to their respective futures in accordance with General Assembly resolutions 1352 (XIV) and 1473 (XIV), the decisions made by them through democratic processes under the supervision of the United Nations should be immediately implemented; "4. Decides that, the plebiscites having been taken separately with differing results, the Trusteeship Agreement of 13 December 1946 concerning the Cameroons under United Kingdom administration shall be terminated, in accordance with Article 76 b of the Charter of the United Nations and in agreement with the Administering Authority, in the following manner: "(a) With respect to the Northern Cameroons, on 1 June 1961, upon its joining the Federation of Nigeria as a separate province of the Northern Region of Nigeria; "(b) With respect to the Southern Cameroons, on 1 October 1961, upon its joining the Republic of Cameroun; "5. Invites the Administering Authority, the Government of the Southern Cameroons and the Republic of Cameroun to initiate urgent discussions with a view to finalizing, before 1 October 1961, the arrangements by which the agreed and declared policies of the parties concerned will be implemented. 994th plenary meeting, U.N. Gen. Ass. Off. Rec. 15th Sess., Supp. No. 16A (A/4684/Add.1), pp. 10-11. Res. 1608 (XV) was adopted by a vote of 64 in favor (including the United States), to 23 against, with 10 abstentions. Doc. A/PV.994, Apr. 21, 1961, p. 77. “1626 (XVI). THE FUTURE OF WESTERN SAMOA "The General Assembly, Western "Recalling its resolution 1569 (XV) of 18 December 1960 con- Samoa cerning the future of the Trust Territory of Western Samoa under New Zealand administration, "Taking note of Trusteeship Council resolution 2102 (XXVII) of 7 July 1961, "Having examined the report of the United Nations Plebiscite Commissioner concerning the plebiscite held in Western Samoa on 9 May 1961, "Having heard the statements of the representative of the Administering Authority and of the Prime Minister of Western Samoa, "1. Expresses its high appreciation of the work of the United Nations Plebiscite Commissioner for Western Samoa and his staff, and of the co-operation he received from the Administering Authority and from the Government and people of Western Samoa; "2. Endorses the results of the plebiscite, namely that: "(a) The people of Western Samoa have, by an overwhelming majority, expressed their agreement with the Constitution for an independent State of Western Samoa adopted by the Constitutional Convention on 28 October 1960; "(b) The people of Western Samoa have agreed by an overwhelming majority that on 1 January 1962 Western Samoa should become an independent State on the basis of that Constitution; "3. Resolves, in agreement with the Administering Authority, that the Trusteeship Agreement for Western Samoa approved by the General Assembly on 13 December 1946 shall cease to be in force upon the accession of Western Samoa to independence on 1 January 1962; "4. Expresses the hope that Western Samoa, on the attainment of independence, will be admitted to membership of the United Nations, should it so desire. 1039th plenary meeting, 18 October 1961.” G.A. Res. 1626 (XVI). The resolution was adopted unanimously. A/PV.1039, Oct. 18, 1961, p. 3. "1642 (XVI). THE FUTURE OF TANGANYIKA "The General Assembly, "Recalling its resolution 1609 (XV) of 21 April 1961 concerning the future of the Trust Territory of Tanganyika, "Noting that the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Tanganyika have since then agreed that Tanganyika should become independent on 9 December 1961, "Noting further that the Trusteeship Council at its twentyseventh session took note with satisfaction of the advancement of the date of independence for Tanganyika from 28 December 1961 to 9 December 1961 and drew the attention of the General Assembly to this date for appropriate action at its current session, "1. Resolves, in agreement with the Administering Authority, that the Trusteeship Agreement for Tanganyika, approved by the General Assembly on 13 December 1946, shall cease to be in force upon the accession of Tanganyika to independence on 9 December 1961; "2. Recommends that, upon the attainment of its independence on 9 December 1961, Tanganyika shall be admitted to membership in the United Nations in accordance with Article 4 of the Charter of the United Nations. G.A. Res. 1642 (XVI). 1047th plenary meeting, 6 November 1961." This resolution was adopted unanimously. The Trusteeship Agreement for Ruanda-Urundi was terminated as of July 1, 1962, by G.A. Res. 1746 (XVI), adopted June 27, 1962, by a vote of 93 (including the U.S.) to 0, with 10 abstentions (including the U.S.S.R.). By this resolution the General Assembly also decided that on July 1, 1962, "Rwanda and Burundi shall emerge as two independent and sovereign Ghana (formerly Togoland under British administration) was admitted GOVERNMENTS Distinction Between State and Government $46 International law distinguishes between a government and the state it governs. This distinction makes it clear that the extinction of the Nazi Government and the temporary absence of any German Government did not necessarily mean that Germany as a state ceased to exist. States have frequently survived. protracted periods of non-government, civil war, anarchy and hostile occupation. It has been noted that the American declaration of a state of war on December 11, 1941, and the Proclamation of the termination of that state of war in 1951 both referred to 'the Government of Germany.' This may have been intended to assist in a propaganda denominating the Nazis and not Germany as the enemy. In the President's Proclamation the term 'Germany' as distinguished from the Government of Germany does occur in the paragraph of the preamble which asserts that it is 'desirable to bring the existing state of war with Germany to a close and to remove Germany from its present enemy status, thus eliminating certain disabilities affecting German nationals.' This seems to imply that under American municipal law Germany, and not merely the German Government, was in a state of war with the United States." Wright, "The Status of Germany and the Peace Proclamation", 46 Am. J. Int'l L. (1952) 299, 307. The Declaration of June 5, 1945, regarding the defeat of Germany and the assumption of supreme authority with respect to Germany by the Governments of the United Kingdom, the United States of Germany |