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LIQUIDATION OF LEAGUE OF NATIONS FUNCTIONS
BY DENYS P. MYERS *
Introdutction
The Board of Liquidation of the League of Nations closed its accountsas
of July 31, 1947, completingthe dissolutionof the institutionestablished
by the Covenantwhichhad been effectsince January 10, 1920. The disso-
lution itself-the cessationof all activitiesexcept for liquidation purposes
-had been in effectsince April 19, 1946, the day followingthe adjourn-
mentof the 21st ordinarysession of the Assembly. The combineddissolu-
tion and liquidation of the League of Nations was the firstinstance in
historyof the completedisappearance of a major multilateralorganization
and the assumptionof its essential functionsby successors. An examina-
tion of the phoenix-likeprocess actually carried out will throwmuch light
upon sundryproblemsof successionin the multilateralactivitiesof states.
The League of Nations was destinedto be supersededby the United Na-
tions from the time of the Dumbarton Oaks Conversations,August 21-
October 7, 1944. The Conversationsat Dumbarton Oaks produced a new
set of proposals without considerationof their relation to the League of
Nations except the understandingthat the participants would study the
problemsinvolved in transferringfunctionsperformedby the League of
Nations to the United Nations.
The United Nations Conferenceon International Organization at San
Francisco did not advance beyond that point, except that the Charter's
provisions concerningthe Economic and Social Council more definitely
embracedthe full range of such activitiesalready developedby the League
of Nations and the added TrusteeshipCouncil positivelyenvisaged taking
over and developingthe mandatoryfunctionsof the old organization. The
conferencerefinedthe Statute of the Permanent Court of International
Justiceinto that of the Statute of the InternationalCourt of Justice,which
was more closelyintegratedwith the United Nations. The earlier Statute
was set up by a protocolarising out of Article 14 of the Covenant of the
League of Nations; the new one became an annex to the Charter,the Court
was made a "principal organ" of the United Nations, but the provisions
for its relationshipto the mechanismand functioningof the new Organiza-
*
Specialist on International Organization, Legal Adviser's Office, Department of
State. The writer is alone responsible for the statements in this article, which is not
prepared for or on behalf of the Department of State.
320
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LIQUIDATION OF LEAGUE OF NATIONS FUNCTIONS 321
4. The Commissionshall:
(c) Formulate recommendations concerningthe possible transferof
certainfunctions,activities,and assets of the League of Nations which
it may be considereddesirableforthe new Organizationto take over on
termsto be arranged.
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322 THE AMEICAN JOURNAL OF INTERNATIONAL LAW
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LIQUIDATION OF LEAGUE OF NATIONS FUNCTIONS 323
of UnitedNationsPosition
Development
The Preparatory Commissionof the United Nations, created by the
InterimArrangementsof June 26, 1945, met on the afternoonof that very
day to confirmthe plans. Its Executive Committee,composed of repre-
sentativesof the Governmentswhich provided the Executive Committee
of the San Francisco Conference,was assigned to meet before the Charter
came into force,and it convenedat London six weeks after the conference
ended. Of its tasks the recommendationsconcerningtaking over from
the League of Nations appeared to be most complex. The Economic and
Social Council would surely work extensivelyin the same fields that the
League of Nations had occupied,6and the experienceof the League Secre-
tariat affordedprecedentsfor organizingthe new Secretariat. Throughout
internationalrelations functions,activities,powers and duties had been
assigned to the League under several hundred multilateraland bilateral
treaties. On the other hand, the "political" functionsof the League-
roughlyspeaking,the activitiesevolvingfromarticles8-20 of the Covenant
-were entirely superseded by the Charter's chapters on the Security
Council and the General Assembly. Those activities had ceased, but the
non-politicalfunctionswhichhad grownup under article23 of the Covenant
were continuingat Geneva, London, Washington and Princeton and de-
sirably were neitherto be interruptednor diminished. Running through
everyphase of the problemwas the financialelement.
When Committee9 of the Executive Committeeof the PreparatoryCom-
missionof the United Nations met,therewas considerablefactual informa-
tion available to it. The League in 1944 and 1945 had issued threepubli-
cations with a view to the transferof its powers and duties,7and had
6 The Economic and Social Council of the United Nations was built upon the
essentialidea whichin the last active days of the League of Nations took formin
the CentralCommittee for Economicand Social Questionsset up in accordancewith
the Bruce report(League of Nations,The Developmentof InternationalCooperation
in Economic and Social Affairs; Report of the Special Committee(A.23.1939)).
That committee aimed to consolidateand coordinatethe "technical problems" which
the ramifying activitiesof the League had taken on. These so-called"economic and
social questions" in the League experienceembraced"economie questions-including
inter alia, commercial, industrialand agriculturalquestions-financialand transport,
demographic and emigrationquestions,questionsof publie healthand hygiene,housing
and nutrition,as well as the controlof the traffic
in drugs,prostitution,
child welfare
and otherproblemsof social dangersand social well-being." A CentralCommittee
of 24 representatives of statesdesignatedby the League Assemblywas readyto direct
all these activitiesin lieu of the Council,when the League's work was interrupted
in 1940.
7 Powers and Duties attributed to the League of Nations by InternationalTreaties
(C.3.M.3.1944.V.1); List of Conventionswith Indication of the Relevant Articles
conferring Powers on the Organs of the League of Nations (C.100.M.100.1945.V.1);
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324 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
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LIQUIDATION OF LEAGUE OF NATIONS FUNCTIONS 325
cationsas are made in the reportreferredto above, and withoutpreju-
dice to such action as the United Nations may subsequentlytake with
the understandingthat the contemplatedtransferdoes not include the
political functionsof the League, which have in fact already ceased,
but solely the technicaland non-politicalfunctions.
Chapter IX of the Executive Committee'sreportcontinuedin threesec-
tions to examine the various phases of the League's functions,activities
and assets and sketchedthe position which the Preparatory Commission
should recommendwith respect to each. A note attached to the general
paragraph applied the reasoning of the committeeto some specificprob-
lems not positivelydealt with in the body of the report:
The Committeerecommendsthat no political questions should be in-
cluded in the transfer. It makes no recommendations to transferthe
activities concerning refugees, mandates or international bureaux.
The contemplatedtransfer will not include transfer of personnel.
Transferof assets and liabilities should imply neitherprofitnor loss
for the United Nations. The problem of separating the financesof
the InternationalLabor Organizationfromthose of the League is left
forlater consideration.
The transferof economicactivitiesis limitedto such workin this field
as the United Nations mightwish to continue; that of the health activi-
ties will be subject to any decisions made in the future regarding a
new health organization; and that of the social activitieswould take
place with the understandingthat the questionas a whole will have to
be referredto the competentorgan of the United Nations. The trans-
fer of functionsarising fromtreaties is contemplatedonly as far as
is possible and desirable.
Committee7 (League of Nations) of the Preparatory Commissionused
the Report of the Executive Committeeas its point of departure and de-
voteditselfto formulatingspecificrecommendations fromit forthe General
Assembly. At the outset it decided to envisage the assumptionof func-
tions,powers and activities,thus implyingmutuality,but not the transfer
of assets, thus implyingthat the United Nations would receive what the
League of Nations turned over. With this distinctionsettled, the com-
mitteeproceeded to consider the two subjects independently.
The Soviet delegate, who had voted against recommendation1 of the
Executive Committee'sreport (quoted above), proposed on November28
"that the Economic and Social Council should considerwhichof its organs
might exercise certain non-politicalfunctionsformerlyperformedby the
League of Nations." 11 He held that no general distinctioncould be drawn
betweenpolitical and non-politicalfunctionsand that each particular func-
tion should be given separate, careful and concreteconsiderationbefore a
decisionof the United Nations was taken.'2 Polish amendmentsincluding
11 PC/LN/4. The papers of Committee 7 bear this symbol,the recordsof meetings
being publishedas supplements
to the Journalof the PreparatoryCommission.
12 PC/LN/5.
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326 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
The CommonPlan
Whet the Charterof the United Nations came into forceon October 24,
1945, during the session of the Executive Committeeof the Preparatory
Commission,the League of Nations was in the hands of the Acting See-
retary-General,16 Sean Lester, who succeeded Joseph Avenol on August,
31, 1940, "at a time of great confusionin the affairsof the Secretariat" 17
13 PC/LN/6, with the discussion at the fourth meeting, PC/LN/7.
14 PC/LN/9, which was adopted December 18, 1945, as PC/12 and which became
Chapter XI of the RepoTt of the Preparatory Commission, 116.
15 The Executive Committee recommended that the appointment of trustees under
the nine loan contracts made under the auspices of the League should be taken over
by the United Nations. The Soviet and Polish delegates to Committtee 7 objected
in the committee,and the Report dismissed the matter with the reference mentioned.
The paragraph was omitted when the Commission's Report was made into the report
to the General Assembly.(A/28). See, for a review of the loans, E/49 in Economie
and Social Council, OfficialRecords, 2d Session, 330.
16 The Assembly on April 18, 1946 appointed Mr. Lester Secretary-General retro-
actively as from September 1, 1940 (Records of the . . . 21st Ordinary Session of the
Assembly, 277).
17Records of the . . . 21st Ordinary Session of the Assembly, 114.
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IIQUIDATION OF LEAGUE OF NATIONS FUNCTIONS 327
and the SupervisoryCommission. The Assemblyon September30, 1938,
had given the Secretary-General(and the Director of the International
Labor Officefor that Organization) discretionarypower, "acting with
the approval of the Supervisory Commission,"to take "any exceptional
administrativeor financialmeasuresor decisionswhich appear necessary"
with "the same force and effectas if they had been taken by the As-
sembly." 18 In December, 1939, the Assembly added to the special pow-
ers of the Supervisory Commission those normally exercised by the
Council under the League's Financial Regulations."' The Supervisory
Commissionrealized its object to "preserve intact the structureof the
League of Nations and to provide for the continuedexistenceof each of
its differentinstitutions,even if financialexigenciescompel a contraction
in the scale of operations." 20 Carl J. Hambro (Norway) was chairman
of the Supervisory Commissionin 1939 and thereafterand had further
authorityin virtue of being presidentof the 20th session of the Assembly,
whichwas only adjourned and not closed. In 1940 the commissioncoopted
as a memberAdolfo Costa du Rels (Bolivia), last presidentof the Council,
who by the rules continuedin officeuntil the next session. The commis-
sion, which consisted of seven members in 1940, coopted new members
during the war and consistedof ten membersin 1946. The Assemblyby
resolutionof April 18, 1946, took note of the commission'sreports, ap-
proved and confirmedits decisions from 1940 to 1946 and expressed its
warm appreciationfor its workduring that period.2'
The chairmanof the SupervisoryCommissionwas in London during the
session of the Executive Committeeof the Preparatory Commissionof the
United Nations, which was advised of the plans of the League. The Sec-
retary-Generalof the League on September 20, 1945, proposed in a tele-
gram to the members of the League that the Supervisory Commission
undertakethe duty, which it was willing to assume, of formulatingwith
the Executive Committeeprovisional terms of transferof League func-
tions, activitiesand assets to the United Nations; on these terms the As-
semblywould take finaldecisions,and post-Assemblyresponsibilitiesmight
be left to a competentbody designated by the Assembly. The Super-
visory Commissionwould adopt an emergencybudget for 1946 and make
othernecessarysteps. Replies were asked by October 5,22 and on October
18Recordsof the 19thOrdinarySession of the Assembly,
PlenaryMeetings,97, 140.
19Recordsof the 20th OrdinarySession of the Assembly,PlenaryMeetings,27, 45.
20 League of Nations, Report of the SupervisoryCommission, 1943 (C.23.M.23.
1943.X), quoted in Recordsof the . . . 21st OrdinarySession of the Assembly,110.
See Reporton the Workof the League duringthe War (A.6.1946.1945.2),in general,
and the list of publicationsat p. 149.
21 League of Nations,Recordsof the . . . 21st OrdinarySession of the Assembly,
60, 258, 279.
22 Same, 10.
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LIQUIDATION OF LEAGUE OF NATIONS FUNCTIONS 329
32Same, 126.
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330 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
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LIQUIDATION OF LEAGUE OF NATIONS FUNCTIONS 333
(A/64).
43Resolutions adopted by the General Assembly . . . 10 Jan. to 14 Feb. 1946, 33.
This transferwas specifically
mentioned
in the resolutionof Feb. 12, sectionII, 2.
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LIQUIDATION OF LEAGUE OF NATIONS FUNCTIONS 335
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LIQUIDATION OF LEAGUE OF NATIONS FUNCTIONS 337
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338 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
Transfersof Fwnctions
The opium problem was the firstof the transferredfunctionsto be
assimilated by the United Nations. The control system could not be
interrupted,for the League functionswere part of the application of the
series of treaties in force for almost the entire world. The Narcotics
Division, Departmentof Social Affairs,of the United Nations Secretariat
took over from the League Secretariat on August 1, 1946, and arrange-
ments were completedto fuse with it the secretariatsof the Permanent
Central Opium Board and Supervisory Body. A memorandumby the
Secretariat on the transferby a draft protocol of the functionsunder
the conventionsand agreementscame beforethe Council with observations
by several governmentson September12, on the basis of whichresolutions
and a draft protocol were approved October 3.65 In the report of its
Third Committee66 the General Assemblyon November19, 1946, approved
the "protocol amending the agreements,conventionsand protocols on
Committee on IntellectualCooperation. For a summaryof theirworkin the separate
fields,see Essential Facts about the League of Nations, 10th edition,1939, issued
by the Secretariat,Information Section.
63 Resolutionsadoptedby the Economicand Social Council. . 11 Sept. to 10 Dec.
1946,50 (E/245/Rev.1).
64 Resolutionsadopted by the GeneralAssembly. . . 23 Oct. to 15 Dec. 1946, 79
(A/64/Add.1).
65 Resolutions
adoptedby the Economicand Social Council. . . 11 Sept. to 10 Dec.
1946, 13 (E/245/Rev.1) quotingE/116 and E/168/Rev.2, entitled"Transfer to the
UnitedNations of Powersexercisedby the League of Nationsunderthe International
Agreements, Conventionsand Protocolson NarcoticDrugs." See also Reportof the
Eeonomic and Soeial Couneil, 23 Jan.-3 Oct. 1946, 49-56 (A/125), and General
Assembly,Reportof the ThirdCommittee, A/194.
66Resolutions adopted by the General Assembly... 23 Oct. to 15 Dec. 1946, 81
(A/64/Add.1).
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340 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
1947, 24 (E/437).
71Resolutions adopted by the Economic and Social Council . . . 19 July to 16 Aug.
1947, no. 81 (V), 45 (E/573).
72 Same, No. 82 (V), 53.
73 Resolutions adopted by the Economic and Social Council . . . 11 Sept. to 10 Dec.
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LIQUIDATION OF LEAGUE OF NATIONS FUNCTIONS 343
commissionon Economic Reconstructionof Devastated Areas, which was
continued as the Economic Commissionfor Europe 84 and the Economic
Commissionfor Asia and the Far East, and otherregional economiccom-
missionsare envisaged. The United Nations Conferenceon Trade and Em-
ployment85 in a way continuesthe League conferencesof 1927 and 1933,
thoughreachingmuch fartherdown to the roots of the problemsinvolved
in multilateraltrade. Without going into detail, it may be said that the
United Nations bids fair to constructa larger edificeon the economiclot
which the League of Nations laid out.
The Fiscal Commissionof the Economic and Social Council is in effect
succeedingto the programof the League's Financial Committeenot other-
wise assigned,in addition to its workon taxation problems. It is continu-
ing the Public Finance Survey, the studies on Public Debt and the com-
pilation of treatieson double taxation.
The Population Commissiontookup demographicworkjust begun by the
League when its activitiesstopped. The League had only paid attention
in a preliminarymanner to the comparabilityof vital statisticsand the
relation of population growth to economic conditions. The commission
continuesalong those lines, and is furthercharged with providing demo-
graphic material for specialized agencies, preparing a yearbook,planning
an internationalcensus and undertakingseveral special studies.86
The Economic, Finance and Transit Department of the League of Na-
tions had done a notable job in continuingthe MonthlyBulletin of Sta-
tistics,the StatisticalYearbook and general economicand financialstudies.
The conventionof December 14, 1928, relatingto economicstatisticsset up
a Committeeof Statistical Experts. The Preparatory Commissionof the
United Nations recommendedthat the Economic and Social Council set up
a Statistical Commission,whichwas approved by the General Assemblyon
January 29, 1946.87 The Statistical Commissionas organized at the sec-
ond session of the Economic and Social Council on June 21, 1946, consists
of representativesof 12 memberstates with broad termsof reference,as-
sistedby a centralstatisticalunit in the Secretariat.88 The MonthlyBulle-
tin of Statistics bore the United Nations imprintwith the August, 1946,
number. The Statistical Commissionsponsoredthe World Statistical Con-
84 Resolutions of the Economic and Social Council . . . 11 Sept. to 10 Dec. 1946,
no. 5 (III), 5 (E/245/Rev./1); tbid., 19 July to 16 Aug. 1947, nos. 68-72 (V), 6-9
(E/573).
85 Same, 28 Feb. to 29 March 1947, no. 29 (IV), 3 (E/437), 3; ibid., 19 July to
16 Aug. 1947, no. 62 (V), 1 (E/573).
88 Same, 28 Feb. to 29 March 1947, no. 41 (IV), 19 (E/437).
87 Report of the Preparatory Commission, 28 (PC/2); Resolutions adopted by the
General Assembly . . . 10 Jan. to 14 Feb. 1946, 11 (A/64), approving the report of
the Second Committee (A/16).
88 Resolutions adopted by the Economie and Social Council . . . 11 Sept. to 10 Dec.
1946, no. 23 (III), appendix III, p. 62 (E/245/Rev. 1).
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346 THE AMERICAN JOURNAL OF INTERNATIONAL LAW
the League in 1946 were Australia, Belgium, France, Japan, New Zealand,
South Africa and the United Kingdom.10' Japan's mandated territory,
the formerGerman Pacific islands north of the Equator, was no longer
under its administration,and its dispositionwas one reason for providing
in Article 83 of the Charter for strategicareas in trust territories. The
othersiixholdersof mandateswere membersof both the League of Nations
and the United Nations. In the firstsession of the General Assembly all
of them except South Africa gave the assurance that they would make
trustagreementsto be approvedby the GeneralAssembly.'02 The delegate
of South Africa, however,stated that his governmentintended to consult
the people of its mandate, South West Africa, regarding the form their
governmentshould take. These statementswere reiteratedin the plenary
meetingsof the 21st sessionof the League of Nations Assembly,where the
South African delegate added that it was intendedto formulatebeforethe
General Assemblyof the United Nations a "case for accordingSouth West
Africa a status under which it would be internationallyrecognizedas an
integralpart of the Union." 103 All the mandatoriesparticipatedin fram-
ing the resolutionintroducedby the Chinese delegate in the First Com-
mittee.
The League Assemblytooknote of changesin the mandateswhichhad oc-
curredsince the Assemblylast met. Three "A" mandates,quondam Turk-
ish territoriesdescribedin Articles22 of the Covenantas having"reached a
stage of developmentwhere their existenceas independentnations can be
provisionallyrecognizedsubject to the renderingof administrativeadvice
and assistanceby a mandatory,"had becomeindependent,and two of them
weremembersof the United Nations. Iraq had blazed that trail on October
3, 1932,whenit acceptedcertainstandardslaid downby the League and was
admittedto membershipin the League by the Assembly. In the case of
Syria and Lebanon constitutionsdrawn up in 1936 were delayed in ap-
plication, but France conditionally recognized their independence in
September 1940; with the approval, or at least consent,of France they
signed the Declaration by United Nations on April 12, 1945, after de-
claring war on Germany and Japan, and become original membersof
the United Nations; the mandate of July 24, 1922, had ceased to apply.
In the case of Transjordan, the Arabic territoryset offfromthe original
OttomanPalestine by a mandate of September16, 1922, the United King-
101 See League of Nations, The Mandates System: Origin-Principles-Application
(1945.VI.A.1).
102 United Nations, General Assembly, Official Records of lst Part of Ist Session,
Plenary Meetings, Australia, 233; Belgium, 238; France, 251; New Zealand, 227;
South Africa, 180; United Kingdom, 166; resolution of Feb. 9, 1946, Resolutions
adopted by the General Assembly . . .10 Jan. to 14 Feb. 1946, no. 9 (I), 3 (A/64).
103League of Nations, Records of the . . .21st Ordinary Session of the Assembly,
Australia, 47; Belgium, 43; France, 34; New Zealand, 43; South Africa, 32-33;
United Kingdom, 28.
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LIQUIDATION OF LEAGUE OF NATIONS FUNCTIONS 349
were elected on December 14, 1946,109 and the Trusteeship Council held
its firstsessionMarch 26 to April 28, 1947. Costa Rica and the Philippines
were added on November13, 1947.
The United States submittedon February 26, 1947, a draft trust agree-
ment to the members of the Security Council, New Zealand and the
Philippines containing terms under which it wished to administerthe
formerJapanese mandate for the Pacific islands north of the Equator,
the Territoryof the Pacific Islands. Under Articles 82 and 83 of the
Charter this proposal provided for a strategic area trust, a type which
did not exist under the League. The agreementwas revised and approved
by the Security Council on April 2, 1947, and its entranceinto force was
effectedby approval of the President of the United States on July 18,
1947, pursuant to a law of the same date.110
At the succession of the United Nations to the League's mandate
system Palestine was the only remaining "A" mandate. There the
United Kingdom had a problem growingout of the influxof Jews into
the "Jewish national home" referredto in the mandate of July 24, 1922,
and the conflictof the Jews with the Palestinian Arabs had become more
and more acute. The United Kingdom as the mandatory requested a
special session of the General Assemblyto considerthe question and in its
deliberationsfromApril 28 to May 15, 1947, a Special Committeeof 11
memberswas appointed to reportto the regular session.1"' The report112
recommendeda partitionof Palestine with independentArab and Jewish
statesin economicunion,and the City of Jerusalemestablishedas a corpus
separatum under a regime,worked out and administeredthrough the
medium of the Trusteeship Council. The plan was approved by the
General Assembly on November 29, 1947, it being understood that the
United Kingdom as mandatory would evacuate Palestine by August 1,
1948 and the provisional governmentswould take over when organized
by a Special Committeeof the United Nations.113
The United Nations Edueational, Scientificand Cultural Organization,
organized in November,1945, is the lineal successor of the International
Committeeon Intellectual Co6peration of the League of Nations. In
that fieldthe League's record was available withouttransferof anything
but the archives. The working League element was the International
Institute of Intellectual Co6peration,established and largely maintained
109 Same, no. 64 (I), 122.
110 61 Stat. 397 (Public Law204, 80th Cong., 1st Sess.); in general,Robert R.
Robbins,"United States Trusteeship
for the Territoryof the PacificIslands," Depart-
ment of State Bulletin, XVI, 783; agreement in Treaties and Other International Act
Series, No. 1665.
111 Resolutions adopted by the General Assembly . . . 28 April to 15 May 1947, no.
106 (S-1), 6 (A/310).
112 A/364.
113 A/516.
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