THE CONCEPT OF SELF-DETERMINATION AS ENUNCIATED AND DEVELOPED BY THE UNITED NATIONS Item Type text; Dissertation-Reproduction (electronic) Authors El-Rayess, El-Sayed El-Sayed Mahmoud, 1940- Publisher The University of Arizona. Rights Copyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author. Download date 08/10/2021 06:14:19 Link to Item http://hdl.handle.net/10150/288144 INFORMATION TO USERS This material was produced from a microfilm copy of the original document. While the most advanced technological means to photograph and reproduce this document have been used, the quality is heavily dependent upon the quality of the original submitted. 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The University of Arizona, Ph.D., 1973 Political Science, international law and relations ! | University Microfilms, A XEROX Company, Ann Arbor, Michigan I- © 1974 EL-SAYED EL-SAYED MAHMOUD EL-RAYESS ALL RIGHTS RESERVED THE CONCEPT OF SELF-DETERMINATION AS ENUNCIATED AND DEVELOPED BY THE UNITED NATIONS by El-Sayed El-Sayed Mahmoud El-Rayess A Dissertation Submitted to the Faculty of the DEPARTMENT OF GOVERNMENT In Partial Fulfillment of the Requirements For the Degree of DOCTOR OF PHILOSOPHY In the Graduate College THE UNIVERSITY OF ARIZONA 19 7 3 THE UNIVERSITY OF ARIZONA. GRADUATE COLLEGE I hereby recommend that this dissertation prepared under my direction by El-Saved El-Saved El-Ravess entitled THE CONCEPT OF SELF-DETERMINATION AS ENUNCIATED AND DEVELOPED BY THE UNITED NATIONS be accepted as fulfilling the dissertation requirement of the degree of Doctor of Philosophy SL.4 Dissertation Director Date After inspection of the final copy of the dissertation, the follov/ing members of the Final Examination Committee concur in its approval and recommend its acceptance:"" (Six )£J^A^ c? - ts - This approval and acceptance is contingent on the candidate's adequate performance and defense of this dissertation at the final oral examination. The inclusion of this sheet bound into the library copy of the dissertation is evidence of satisfactory performance at the final examination. STATEMENT BY AUTHOR This dissertation has been submitted in partial fulfillment of requirements for an advanced degree at The University of Arizona and is deposited in the University Library to be made available to borrowers under rules of the Library. Brief quotations from this dissertation are allowable without special permission, provided that accurate acknowledgment of source is made. Requests for permission for extended quotation from or reproduction of this manuscript in whole or in part may be granted by the copyright holder. SI GNED: ACKNOWLEDGMENTS The author wishes to express his appreciation to the entire staff of the Department of Government for ttoeir guidance and aid. He especially wishes to extend Bsls deep gratitude and sincere appreciation to Dr. Clifton E. Wilson, the major professor and the dissertation advisor. Without his long hours of patience and guidance tSuis dissertation could not have been presented. Thanks are due to Dr. Clifford Mi. Lytle, Br. Seal Houghton, Dr. Rosendo A. Gomez, and Dr. J. Rictoard Wagner of the guidance Committee for their kind interest, suggestions, and criticisms in preparation of tMs dissertation. The author would like to express. Euis deep gratifaide to his father, El-Sayed Mahmoud El—Rayess, and tine ©epart— ment of Government and administration at The University of Arizona for their financial provision which made it possible for the author to attend The University of Arizona. The author would also like to> express fois appreciation to Dr. Max Skidmore, Chairman of tine ESeparfcmtenrtt of Political Science and Philosophy and the adiministratiom at Southwest Missouri State University for tBieir cooperation in scheduling his teaching load in such a fasMon as to iv permi-t substantial amounts of' time to devote to working on this dissertation. Last but not least the author is indebted to his wife, Elees, for her understanding, cooperation, and for typing parts of this dissertation. TABLE OF CONTENTS Page LIST OF TABLES viii ABSTRACT ix CHAPTER I. THE CONCEPT OF SELF-DETERMINATION 1 Introduction 1 The Meaning of Self-Determination .... 4 The Significance of Nationalism and Democratic Theory to National Self-Determination 9 Research Outline 15 II. TRENDS IN SELF-DETERMINATION 17 The Trend Toward No-Self- Determination .... 18 No-Self-Determination Before World War I 18 No-Self-Determination Between the Wars 21 No-Self-Determination Following World War II 24 The Trend Toward the "Tutelage" or "Trust" Principle 27 Tutelage Prior to the League of Nations 27 Tutelage Under the League of Nations 33 Tutelage Under the United Nations . 43 The Trend Toward Self-Determination ... 64 Self-Determination Prior to the United Nations 64 Self-Determination Under the United Nations 78 vi vii TABLE OF CONTENTS—Continued Page III. THE GENERAL DEVELOPMENT OF THE CONCEPT OF SELF-DETERMINATION 89 Self-Determination in the Charter .... 91 The Development of the Concept of Self-Determination 103 United Nations Action on Self- Determination .... 103 The Pros and Cons of United Nations Action on Self- Determination 132 The Legality of the United Nations Action on Self- Determination 144 IV. SELF-DETERMINATION IN THE TRUST TERRITORIES 171 Self-Determination by Plebiscite 173 Case Studies 173 A Comparative Analysis of Self- Determination by Plebiscite .... 210 Self-Determination by Legislative Expression 216 Case Studies 216 A Comparative Analysis of Self- Determination by Legislative Expression 280 Self-Determination in Progress 287 Case Studies 287 A Comparative Analysis of Self- Determination in Progress 317 V. SUMMARY AND CONCLUSIONS 323 APPENDIX A. DECLARATION ON THE GRANTING OF INDEPENDENCE TO COLONIAL COUNTRIES AND PEOPLES ........ 338 REFERENCES 341 LIST OF TABLES Table Page 1. Plebiscites Held Prior to World War I ..... 66 2. Plebiscites Held Following World War I .... 75 3. Self-Determination in the Trust Territories 172 viii ABSTRACT This study was done to identify the trends in relation to self-determination and to determine the meaning of the concept of self-determination as referred to in the United Nations Charter, the Resolutions of the United Nations General Assembly, and in the practice of the United Nations in the trust territories. This study revealed that there are three identifiable trends in relation to self-determination—the trend toward no-self-determination, the movement toward the international "trust" or "tutelage" principle, and the trend of applying the principle of self-determination. This last trend has become dominant in international politics following its incorporation in the United Nations Charter. This study also showed that although self- determination is referred to in Articles 1 and 55 of the United Nations Charter such a reference is vague and ill- defined. On the other hand although self-determination is not specifically mentioned in Chapters XI, XII, and XIII, nevertheless, it is implied in these Chapters. This study also indicated that because self- determination was not clearly defined in the United Nations Charter, a controversy arose regarding its meaning and application among the members of the United Nations. The ix X members of the anti-colonial bloc have succeeded in incorporating a right of self-determination (including sovereignty over the natural resources) to the dependent peoples in many General Assembly Resolutions and in the international Covenants on Human Rights. The General Assembly adopted these Resolutions within its authority under Articles 10, 11, and 14 of the United Nations Charter. These Resolutions are not legally binding on the member states by their mere adoption. However, pressure from international opinion may be brought to bear so that the result may be the same as if there were a legal obligation to abide by them. The Covenants on Human Rights have been adopted by the General Assembly. However, they are subject to ratification by the governments of the respective member states and will be binding only on those states that ratify them until the vast majority of the members of the world community have ratified them.