LEU LA2T
t-te
and
icerete
remventitns,
= hotel on public
une claintiffs
land in Saican.
urged that
such a
Among
lease
wés
ited States to "promote *the economic
(an)
vw
w
oF
4
t
3
D
}
'
'$
{
L
‘
|
att
-itlitive of the srovisions of Article VI, § 2 of tne Trusteeshio
elvinwement ani self-sufficiency of the inhabitants, and to this
= # # regulate the use of natural resources" and to "prevect
tne inhabitants against the loss of their lands and resources * * *
~ger-ant
o4
we
STZ F.23 at 37.
."
The Ninth Circuit held that the Trusteeship
constitutes
the basic
constitutional d@ocunent
for she
ceirls of the Trust Territory and that the rights asserted were
tunitielily enforceabsle.
Tne court said, at pages 97-99:
onaerence of features in this Trusteesnhis Agreement
tne
invention to establish direct,
i: enforceable rights.
arrirmative,
and
The issue involves the linacal
2
y gna environment, not security; the contern with
Y2curel resources and the concern with politic21 development
are axpliciti: in the agreement and are general international
2onzernt 23 well; the enforcement of these riznts reauires
~2ttle Lez2l or administrative innovation in tne domestics
[rra3; and the alternative forum, the Security louncil, would
rresent to ithe plaintiffs obstacles so great as to make
tneir risnts
virtually unenforceable.
#
.
.
*
*
. we hold chav the 5LesteestP Agreement 15 a source of
individuel
lezal rights
“VY.
The Frreliminary Relief Sought By Plaintiffs
mere is Required By The Trusteeship Agreement
And By NEPA
Irn his letter cf August 12, 1968, President Johnson nowed
=.-
Titense Dererimenat
aonclusion that
���security
2°32 nell wnat,
agreement issues
recutrements"”
under orincizctes of
in the Pesclie of Saican case
first instance in the Trust Territor: Wigh
however, was based upon the Secretary of the
"nis departmeny did not participate in anvwar
@ lease to Concinental."
are
9052120
5252 F.2d ar 99.
indiscutatl: rartiaicatine in
sf ootmity tar have neo cissitle
a
Sars,
and directins
apolicacion