On the Revival of the United Nations Trusteeship Council with a New Mandate for the Environment and the Global Commons

Abstract

The Trusteeship Council (TC) is one of the main organs of the United Nations (UN). It was established under Chapter XIII of the Charter of the United Nations (UN Charter) in 1945.1 The International Trusteeship System (ITS) was established under Chapter XII of the UN Charter for the trust territories placed under the supervision of the TC by individual agreements with the administering states. The main objective of the system was to promote political, social, and economic advancement of the respective trust territories. It also sought to ensure the development of the trust territories through the modus vivendi of self-government and self-determination. It encouraged respect for human rights and fundamental freedoms as well as recognition of the independence of the people.2 The main task of the TC was to supervise the administration of the trust territories to ensure that the administering powers took adequate measures to prepare the territories to be able to stand on their own feet. The TC was authorized to examine and discuss reports received from the administering authorities on political, economic, social, and educational issues of the trust territories. It also played a crucial role in examining all of the petitions and undertaking special missions to the territories. As a result of the work of the TC, within a period of fifty years, all of the trust territories achieved their independence or attained self-government either as a separate state or by merging with the administering states. Eventually, the TC suspended its operation on 1 November 1994 after the last remaining trust territory of Palau gained independence (on 1 October 1994). In fact, the TC amended its rules of procedure to waive the need to meet annually. Instead, it agreed to meet as and when the occasion required. Now it is a dormant organ of the UN. Although the original function of the TC has been suspended, it remains an integral part of the UN Charter. Thus, if required, the TC may start functioning again by amending its rules and procedures within the same infrastructure.3