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The Birth of the International Nation of Trieste

The RESOLUTION of SECURITY COUNCIL of the UNITED NATIONS for the FREE TERRITORY of TRIESTE voted in New York January 10, 1947
Preface: In the following article we comment how legally a country become a member of the UN showing to you first the instruction given by the UN which is also visible 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 the admission of the Free Territory of Trieste http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3(Font:

CF6E4FF96FF9%7D/Chap%20VII%20SRES%2016.pdf):

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 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 rgime 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. Comment: How that can be seen from 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 rgime or peace keeping force) was voted by the Security Council regularly because it had reached a quorum of 10 nations favor (the minimum is 9 countries) and none of its 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 particularity of this nation is that the responsibility for it has the Security Council, as verbatim "Hereby records its approval of the three following documents : (1) The instrument for the provisional rgime 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 it's acceptance of responsibilities devolving upon it under the same." Noting that the Nation of Triest was requested and created by the UN and the responsibilities of the same are laying in the hands of the Security Council means that we are in conflict with the first paragraph of the UN fact sheet "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 contrast should not deceive because the Free Territory and Free Port of Trieste is an

International Nation which represents on a geographical and factual territory, practically all memberstates of the Organisation of the United Nations (additional note: the UN has officially nowhere an own territory exept the Free Port of Triest and the representatives of the UN are always guests on a territory that belongs to some memberstate). Regarding the Treaty of Peace with Italy The Article. 21.1. of the Treaty of Peace quotes verbatim "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 agree that its integrity and independence shall be assured by the Security Council of the United Nations.. Regarding the Free Territory In the recording of "The permanent Statute for the Free Territory of Trieste" virtually lack the request made by the population of Triest that lives factually in this country to the UN and so this population exists theoretically as citizenship called original free territory citizens see the Permanent Statute, Annex VI, art. 6 that quotes verbatim "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 verbatim "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 who 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 question is different because this State has itself not a statutory population. In fact the land is owned by all memberstates of the UN, but what is undeniable is that it must surely be governed by the "permanent Statute of the Free Territory and by the Instrument for Free Port". Noting 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 verbatim "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 and to put the port in operative conditions. The first task of the representative of the FTT is to call the representatives of 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....". In practice the UN has a territory of its own with a headquarter within, that is commercially exploitable. Regarding the instrument for the provisional rgime of the Free Territory of Trieste or say the Peacekeeping Force for protection of the FTT and FPT In the recording of "The instrument for the provisional rgime of the Free Territory of Trieste", the Security Council takes his responsibility 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 with the Council of Government of the FTT would had managed the country in a civil and democratic way. Unfortunately for reasons of contrast within the Allieds of the Second World War, which had been created the Cold War, the Security Council could not find a Governor that joins geographically and politically the territories of zone A and B and the free territory citizens that lives in the respective territories as from the Permanent Statue of the Free Territory of Trieste. Since 1989 or since the Cold War ended, these troops are not more neccessary, because what nation would appropriate for itself a port that belongs to all and in consequence also to himself (PLT) or a country that offers the possibility of political, commercial and cultural exchange at global level guaranteed by all nations (TLT)? Summary: The Free Territory of Trieste is approved and implemented territorially as a part of the Treaty of Peace with Italy, which is not disputed or say IT'S POSSIBLE (SE POL) The Permanent Statute of the FTT is approved but not implemented and within are defined the free territory citizens or say IT'S NOT POSSIBLE (NO SE POL) The Instrument for the Free Port is approved and implemented and within it is defined that the free territory citizens must manage their port IT'S POSSIBLE (SE POL) The Instrument for the provisional rgime 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 or say IT'S POSSIBLE (SE POL)

The Free Territory and Free Port of Trieste was requested and created by the UN as an example for the paeceful coexistence of peoples of all nations and the Free Territory Citizens was chosen to manage this International Nation unique in the world