This is the Resolution of the SECURITY COUNCIL of the UNITED NATIONS for the FREE TERRITORY of TRIESTE, voted in New York January 10, 1947
Foreword of CommitteeFPT:
In the following article we comment how a country caln legally become a member of the UN showing to you first the instruction given by the UN which can also be found online on, http://www.un.org/geninfo/faq/factsheets/memberstate.pdf and after the admission of the Free Territory of Trieste.
Can a new State or Government be recognized by the UN?
How does a country become a member of the UN?
The recognition of a new State or Government is an act that only States and Governments may grant or withhold. The United Nations is neither and, therefore, does not possess any authority to recognize a State or a Government.
The United Nations may admit a new State to its membership or accept the credentials of the representatives of a new Government. Paragraph 1 of Article 4 of the Charter of the United Nations states that it “is open to all other peace-loving States which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.” The procedure is as follows:
1) The State submits an application to the Secretary-General and a formal declaration stating that it accepts the obligations under the UN Charter.
2) The application is considered first by the Security Council. Any recommendation for admission must receive the affirmative votes of nine of the 15 members of the Council, provided that none of its five permanent members - China, France, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland and the United States of America – has voted against the application.
3) If the Council recommends admission, the recommendation is presented to the General Assembly for consideration. A two-thirds majority vote is necessary for admission of a new State, and membership becomes effective on the date the resolution for admission is adopted. At each session, the General Assembly considers the credentials of all representatives of Member States participating in that session. During such consideration, the issue can be raised whether a particular representative has been accredited by the Government actually in power. If controversial, this issue is ultimately decided by a majority vote in the Assembly. It should be noted that the normal change of a Government, through a democratic election, does not raise any issues concerning the credentials of the representative of the State concerned.
Below is the admission of the Free Territory of Trieste:
( click here to read the original document )
RESOLUTIONS ADOPTED AND DECISIONS TAKEN
BY THE SECURITY COUNCIL IN 1947
PART 1. QUESTIONS CONSIDERED BY THE SECURITY COUNCIL UNDER ITS RESPONSIBILITY FOR THE MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY IN THE FREE TERRITORY OF TRIESTE
A. APPROVAL OF THE STATUTE OF THE FREE TERRITORY OF TRIESTE
16 (1947). Resolution of 10 January 1947
The Security Council,
Having received and examined the annexes to the proposed Peace Treaty with Italy relating to the creation and government of the Free Territory of Trieste (including an arrangement for the Free Port),1 Hereby records its approval of the three following documents:
(1) The instrument for the provisional règime of the Free Territory of Trieste;
(2) The permanent Statute for the Free Territory of Trieste;
(3) The instrument for the Free Port of Trieste; and its acceptance of the responsibilities devolving upon it under the same.
Adopted at the 91st metting by 10 votes to none, with 1 abstention (Australia)
— — — — — — — — — —
1 See Official Records of the Security Council, Second Year, Supplement No. 1, annex 2.
As can be seen in the Fact Sheet given by the UN and from the Resolution of January 10, 1947, the Nation of Trieste (Free Territory of Trieste, Free Port of Trieste and the Instrument for the provisional règime or peacekeeping force) was regularly voted by the Security Council because it had reached a quorum of 10 nations in favour of it (the minimum is 9 countries), while none of the five permanent members - China, France, Russian Federation, the United Kingdom of Great Britain and Northern Ireland and the United States of America - voted against the request.
The peculiarityof this nation is that the responsibility for it lays in the Security Council’s hands, as “Hereby records its approval of the three following documents :
(1) The instrument for the provisional règime of the Free Territory of Trieste;
(2) The permanent Statute for the Free Territory of Trieste
(3) The instrument for the Free Port of Trieste;
and its acceptance of responsibilities devolving upon it under the same.”
Please note that the Nation of Triest was requested and created by the UN and the responsibilities for the same are laying in the hands of the Security Council, and this means that it’s in conflict with the first paragraph of the UN fact sheet linked above: “Can a new State or Government be recognized by the UN?”, with the reply: “The recognition of a new State or Government is an act that only States and Governments may grant or withhold. The United Nations is neither and, therefore, does not possess any authority to recognize a State or a Government.”.
This sort of contrast shall not be confusing, as the Free Territory and Free Port of Trieste is an International Nation which is represented on a geographical and actual territory, and practically all the member states of the Organisation of the United Nations (additional note: the UN has officially no own territory “except the Free Port of Triest” and the representatives of the UN are always guests on a territory that belongs to some member state).
About the Treaty of Peace with Italy
The Article. 21.1. of the Treaty of Peace says:
“There is hereby constituted the Free Territory of Trieste, consisting of the area lying between the Adriatic Sea and the boundaries defined in Articles 4 and 22 of the present Treaty.
The Free Territory of Trieste is recognized by the Allied and Associated Powers and by Italy, which agrees that its integrity and independence shall be assured by the Security Council of the United Nations.”
Regarding the Free Territory
In “The permanent Statute for the Free Territory of Trieste” there’s no request made by the population of Triest, that actually lives in this country, to the UN, and so this population exists theoretically as a citizenship called “original free territory citizens” see the Permanent Statute, Annex VI, art. 6 that quotes “Italian citizens who were domiciled on 10 June 1940 in the area comprised within the boundaries of the Free Territory, and their children born after that date, shall become original citizens of the Free Territory with full civil and political rights….”, but since the implementation depends on the Security Council see Annex VI, art. 38 quoting:
“The present Statute shall come into force on a date which shall be determined by the Security Council of the United Nations Organisation”
and the Security Council up to now hasn’t determined the date, we are in fact in front of a ghost population of a geographically and factually existing territory.
Regarding the Free Port
In the recording of “The instrument for the Free Port of Trieste”, which is an international State with its own legislation as well as quoting verbatim from Annex VIII, art. 1.2. “The international regime of the Free Port shall be governed by the provisions of the present Instrument” and Art. 2.1. “The Free Port shall be established and administered as a State corporation of the Free Territory, having all the attributes of a juridical person and functioning in accordance with the provisions of this Instrument” and art. 3.2.
“The establishment of special zones in the Free Port under the exclusive jurisdiction of any State is incompatible with the status of the Free Territory and of the Free Port”
the matter is different, because this State doesn’t have itself a statutory population.
In fact, the land is owned by all member states of the UN, but what is undeniable is that it must be governed by the “permanent Statute of the Free Territory and by the Instrument for Free Port”. Considering that the Instrument for Free Port of Trieste is undisputed since its registration and does not need to be implemented as the Permanent Statute of the FTT, see Article 38 above, it’s accepted that the FTT does exist and thus the native population (Free Territory citizens) also factually exist, because the latter is invoked just to manage the State of Free Port of Trieste in Article 18.3. quoting “All other employees of the Free Port will be appointed by the Director. In all appointments of employees preference shall be given to citizens of the Free Territory” and in article 21.2.
“The representative of the Free Territory shall be the permanent Chairman of the International Commission. In the event of a tie in voting, the vote cast by the Chairman shall be decisive.”
The International Commission is needed by the participating nations to promote their commercial interests and to approve the projects for the development of the port area, but without the representative of the FTT, which is the permanent Chairman of the International Commission, it is impossible to achieve these interests and developments, putting the port in operative conditions. The first task of the representative of the FTT is to call the representatives of the nations that make up the International Commission to take office in the Free Port to bring virtually all interests in communication with each other or reported verbatim in article 22 “The International Commission shall have its seat in the Free Port. Its offices and activities shall be exempt from local jurisdiction….”. Practically, the UN has a territory of its own with a Headquarter that is commercially exploitable.
Regarding the instrument for the provisional règime of the Free Territory of Trieste
or, the Peacekeeping Force for protection of the FTT and FPT.
In recording “The instrument for the provisional règime of the Free Territory of Trieste”, the Security Council takes its responsibilities for a military government which was managed by peacekeeping troops of Great Britain, United States of America and Yugoslavia. The military government had the mandate to prepare the territory (FTT/ FPT) for the Governor that would have managed, with the Council of Government of the FTT, the country in a civil and democratic way. Unfortunately, for reasons of contrast within the Allied powers of the Second World War, which then caused the Cold War, the Security Council could not find a Governor to unite geographically and politically the territories of zone A and B and the free territory citizens that live in the respective territories, as from the Permanent Statute of the Free Territory of Trieste.
Since 1989 or since the Cold War ended, these troops are not neccessary anymore;
what nation would take possession of a port that belongs to all nations, as well as the nation itself (FPT) or of a country that offers the chance of political, commercial and cultural exchange at a global level, as guaranteed by all nations (FTT)?
• The Free Territory of Trieste is approved and implemented as a part of the Treaty of Peace with Italy, which is not disputed: IT’S POSSIBLE (SE POL)
• The Permanent Statute of the FTT is approved but not implemented, and here are defined the free territory citizens: IT’S NOT POSSIBLE (NO SE POL)
• The Instrument for the Free Port is approved and implemented and within it’s defined that the free territory citizens must manage their own port: IT’S POSSIBLE (SE POL)
• The Instrument for the provisional règime of the Free Territory of Trieste is approved and implemented therefore the free territory citizen are guaranteed by the Security Council for the application of the Human Rights: IT’S POSSIBLE (SE POL)
The Free Territory and Free Port of Trieste were requested and created by the UN as examples for the peaceful coexistence of peoples of all nations, and the Free Territory Citizens were chosen to manage this International Nation, unique in the world.
Download the full pdf about the Birth of the International Nation