pursuant to which Morocco is represented in foreign affairs by France. The French Memorial, and the French application instituting proceedings, had not specified whether the French Government brought this case on behalf of France, on behalf of Morocco, or on behalf of both countries. The United States Government is concerned that both France and Morocco, as well as the United States, should be parties to the case before the International Court and should be bound by the Court's judgment. Since the French written pleadings had not made clear whether the moving party or parties were France, Morocco, or both, the United States Government sought in discussions with the French Government, beginning April 23, 1951, to have this point clarified prior to the filing of this Government's Counter-Memorial. However, representatives of the French Government informed representatives of the United States Government on June 9, 1951, that the French Government was not prepared to make any formal statement concerning the identity of the parties in whose name and on whose behalf the present case has been brought. The representatives of the French Government stated that the application and the Memorial did not require clarification. Accordingly, last week the United States Government filed with the Court, pursuant to its rules, a preliminary objection asking the Court to rule on the identity of the party or parties which had instituted the proceedings and which would therefore be bound by the judgment of the Court in the case.

The United States wishes to secure an authoritative determination by the Court on the rights of American nationals in Morocco pursuant to treaties governing the obligations between France, Morocco, and the United States. This Government is naturally anxious that the case proceed without unnecessary delays, and indeed regretted the necessity of filing a preliminary objection. It is hoped, nevertheless, that the issue raised in the preliminary objection may be disposed of promptly and that it will then be possible to proceed without delay to subsequent phases of the Moroccan case.2

1 For the text of the preliminary objection (June 15, 1951; filed June 21), see the Department of State Bulletin, July 30, 1951, pp. 179–181.

2 The French Government presented to the International Court of Justice on July 28, 1951, observations and submissions on the U.S. Government's preliminary objection of June 15, 1951 (ibid., Dec. 17, 1951, pp. 978-982). As a result of clarification which followed from an exchange of correspondence between the U.S. and French Governments and between the two Governments and the Court Registrar, the U.S. withdrew its preliminary objection in October 1951, upon the French Government's declaration that it was acting both on its own behalf and as the protecting power of Morocco. The proceedings on the merits were then resumed upon filing by the U.S. of a counter-memorial on Dec. 20, 1951 (not printed). Following the filing of a French reply on Feb. 15, 1952, a U.S. rejoinder on Apr. 18, 1952, and public hearings held at The Hague, July 15-26, 1952, the Court rendered its decision on Aug. 27, 1952. For the Court's decision, see International Court of Justice, Reports of Judgments, Advisory Opinions and Orders, 1952, pp. 178-213. For an article by Joseph M. Sweeney, giving the background of this opinion, see the Department of State Bulletin, Oct. 20, 1952, pp. 620-623. For the note of Oct. 2, 1952, from the French Resident at Rabat, Morocco, to the American Chargé d'Affaires at Tangier, setting forth the action being taken to implement the Court's opinion, see ibid., p. 623.

63. FREE POLITICAL INSTITUTIONS FOR MOROCCO: United Nations General Assembly Resolution 612 (VII), December 19, 1952 1

The General Assembly,

Having debated the "Question of Morocco", as proposed by thirteen Member States in document A/2175,

Mindful of the necessity of developing friendly relations among nations based on respect for the principle of equal rights and selfdetermination of peoples,

Considering that the United Nations, as a centre for harmonizing the actions of nations in the attainment of their common ends under the Charter, should strive towards removing any causes or factors of misunderstanding among Member States, thus reasserting the general principles of co-operation in the maintenance of international peace and security,

1. Expresses the confidence that, in pursuance of its proclaimed policies, the Government of France will endeavour to further the fundamental liberties of the people of Morocco, in conformity with the Purposes and Principles of the Charter;

2. Expresses the hope that the parties will continue negotiations on an urgent basis towards developing the free political institutions of the people of Morocco, with due regard to legitimate rights and interests under the established norms and practices of the law of nations;

3. Appeals to the parties to conduct their relations in an atmosphere of goodwill, mutual confidence and respect and to settle their disputes in accordance with the spirit of the Charter, thus refraining from any acts or measures likely to aggravate the present tension.

U.N. General Assembly, Official Records, Seventh Session, Supplement No. 20 (A/2361), p. 5. For a statement by the U.S. representative in Committee I on Dec. 15 in connection with the resolution, see Department of State Bulletin, Jan. 5, 1953, pp. 33-34. He said, among other things: "We have faith in the peoples and Governments of France and Morocco who must and will work out their destinies together." The General Assembly adopted a further resolution on the Morocco question on Dec. 17, 1954 (Res. 812 (IX)), which in substance expressed confidence that a satisfactory solution would be achieved by the two peoples concerned, and decided to postpone for the time being further consideration of this item; U. N. General Assembly, Official Records, Ninth Session, Supplement No. 21 (A/2890), p. 5. For statements by Ambassador Lodge on this resolution on Dec. 13, 1954, in the General Assembly, favoring its adoption, see Department of State Bulletin, Jan. 3, 1955, pp. 28-30. The General Assembly adopted an identical resolution (911 (X)) on Dec. 3, 1955; U. N. General Assembly, Official Records, Tenth Session, Supplement No. 19 (A/3116), pp. 3–4. For a statement by Ambassador Lodge on Nov. 28, 1955, in Committee I favoring the resolution, see Department of State Bulletin, Dec. 19, 1955, pp. 1040-1041.

64. RETURN OF SULTAN MOHAMMED BEN YOUSEF (MOHAMMED V) TO MOROCCO: Statement by the Department of State, November 18, 1955 1

The U.S. Government welcomes the return of Mohammed V to Morocco and on this anniversary of his accession to the throne wishes to extend warm and friendly greetings to him and the people of Morocco.

His Majesty's return marks a significant step in the development of cooperation between Morocco and France. While there are many problems yet to be worked out, the degree of concession and the friendly spirit which are demonstrated by both French and Moroccans augur well for success in working out mutually satisfactory arrangeIt is earnestly hoped that such arrangements will lead to the peace and prosperity of the Moroccan community.

Tunisia

65. FREE POLITICAL INSTITUTIONS FOR TUNISIA: United Nations General Assembly Resolution 611 (VII), December 17, 1952 2

The General Assembly,

Having debated the question proposed by thirteen Member States in document A/2152,3

Mindful of the necessity of developing friendly relations among nations based on respect for the principle of equal rights and selfdetermination of peoples,

Considering that the United Nations, as a centre for harmonizing the actions of nations in the attainment of their common ends under the Charter, should strive towards removing any causes and factors of misunderstanding among Member States, thus reasserting the general principles of co-operation in the maintenance of international peace and security,

He

1 Department of State Bulletin, Nov. 28, 1955, p. 894. Sultan Mohammed Ben Yousef had been deposed in August 1953 and exiled from Morocco. returned from exile in October 1955 and was recognized by France again as Sultan on Nov. 5, 1955. He returned to Rabat on Nov. 18 as Sultan Mohammed V. 2 U.N. General Assembly, Official Records, Seventh Session, Supplement No. 20 (A/2361), p. 5. For prior developments in the Security Council in April 1952 and the United States position, see Department of State Bulletin, Apr. 28, 1952, pp. 678-679. For general background, see United States Participation in the United Nations: Report by the President to the Congress for the Year 1952 (Department of State publication 5034; 1953), pp. 69-73.

3 U.N. General Assembly, Official Records, Seventh Session, Annexes, Agenda Item 60, pp. 1-4.

1. Expresses its confidence that, in pursuance of its proclaimed policies, the Government of France will endeavour to further the effective development of the free institutions of the Tunisian people, in conformity with the Purposes and Principles of the Charter;

2. Expresses the hope that the parties will continue negotiations on an urgent basis with a view to bringing about self-government for Tunisians in the light of the relevant provisions of the Charter of the United Nations;

3. Appeals to the parties concerned to conduct their relations and settle their disputes in accordance with the spirit of the Charter and to refrain from any acts or measures likely to aggravate the present tension.1

66. INTERNAL AUTONOMY FOR TUNISIA: Statement by the Secretary of State at a News Conference, August 10, 1955 2

It is a source of much satisfaction to the United States that France and Tunisia have agreed upon conventions which provide a new framework for close cooperation between the French and Tunisian communities. It is significant that agreement on these conventions was reached through negotiations on a basis of equality between the parties directly concerned. France and Tunisia may take real satisfaction and pride in the achievement of this agreement.

The manner in which the agreement was reached, the impressive majorities by which both Houses of the French Parliament approved the conventions, and the extensive support they have received in Tunisia indicate a common realization of the need for continued cooperation.

The Franco-Tunisian negotiations demonstrate that mutually satisfactory progress can be made on such difficult problems if they are dealt with in time by the parties concerned with determination, realism, and good will.

1 The General Assembly adopted a resolution on Dec. 17, 1954 (813 (IX)), which noted with satisfaction the negotiations then in progress between the parties concerned, expressed confidence that the negotiations would bring about a satisfactory solution, and decided to postpone for the time being further consideration of this item; ibid., Ninth Session, Supplement No. 21 (A/2890), p. 5. For statements by the U.S. representative in Committee I on Dec. 16 in favor of the resolution, see Department of State Bulletin, Jan. 3, 1955, pp. 30-31. For the U.S. position in October-November 1953 in the United Nations in regard to the Tunisian question, see United States Participation in the United Nations: Report by the President to the Congress for the Year 1953 (Department of State publication 5459; 1954), pp. 73-74. See also Department of State Bulletin, Nov 23, 1953, p. 730.

2 Department of State Bulletin, Aug. 22, 1955, p. 301. On June 3, 1955, the French Government and the Tunisian leaders reached an agreement whereby Tunisia was granted internal autonomy. On Aug. 27, 1955, the Bey of Tunis, Sidi Mohammed el Amin, ratified and sealed the convention restoring internal autonomy to Tunisia, and the documents were exchanged and deposited in Paris on Aug. 31

Algeria

67. COMPETENCE OF THE UNITED NATIONS IN RELATION TO THE ALGERIAN QUESTION: Statement by the United States Representative at the United Nations1 Before the General Assembly, September 30, 19552

Mr. President, we believe the Assembly should bear in mind certain relevant factors as it decides whether to inscribe in its agenda the item entitled "The Question of Algeria."

Remembering that a vote on the inscription of an item is without prejudice to the ultimate question of the Assembly's competence, we must nevertheless in this particular case take into account the following:

Unlike Morocco and Tunisia, which are French protectorates, Algeria under French law is administratively an integral part of the French Republic.

We have noted in the explanatory memorandum (Document A/2924) which has been submitted by the members that have proposed the item respecting Algeria that it is stated that "there is an imperative need for negotiations between the Government of France and the true representatives of the Algerian people" and that consideration of the Algerian question by the General Assembly would facilitate a solution by making the need for negotiation evident. We have noted further that reference is made to the right of the people of Algeria to independence as well as to the concern of the international community in a prompt solution of the Algerian problem, a concern to which the French Government is claimed to have failed to respond. Now, Mr. President, this memorandum indicates clearly that what is sought by the sponsors of the item is the sanction of the General Assembly to a course of action intended to bring about fundamental changes in the composition of one of the General Assembly's own members, that is, the French Republic. If it doesn't mean that, it doesn't mean anything.

The United States believes that the proposed item, viewed in the context of this action proposed to be sought in the General Assembly, falls within the provisions of article 2, paragraph 7, of the United Nations Charter.3

Let me say this final word. There is grave danger to the future of the United Nations in taking up questions whose consideration would conflict with the provisions of article 2, paragraph 7. We definitely think that this danger is inherent in the pending question. Now, of course, this Assembly can vote as it wishes, but we should be com

1 Henry Cabot Lodge, Jr.

2 Department of State Bulletin, Oct. 10, 1955, p. 582. On Sept. 30, 1955, the General Assembly rejected the General Committee's recommendation against inscription of the Algerian question.

3 Supra, p. 136.