-
5
-
Among other things, Pauling and Heine argued that the nuclear
testing program was a violation of the Trusteeship Agreement.
The court disagreed and dismissed their complaint.
On appeal,
a panel of judges which included now Chief Justice Warren
E.
Burger,
disposed of the matter on different grounds, holding
that the plaintiffs did not have standing to bring the lawsuit
in the first place.
Pauling v. McElroy, 278 F.2d 252
1960), cert. denied, 364 U.S. 835 (1960).
(D.C. Cir.
A similar attempt
by the same plaintiffs to accomplish the same purpose was
also rejected in 1964.
(D.C. Cir.
Pauling v. McNamara,
331 F.2d 796
1964).
The first case to squarely reach the question of enforceability
of the terms of the Trusteeship Agreement was People of Saipan
v.
U.S.
Department of the Interior,
356 FP.
Supp.
645
(D.
1973), aff'd. as modified, 502 F.2d 90 (9th Cir. 1974).
Hawaii
The
United States Court of Appeals for the Ninth Circuit held that:
The preponderance of features in this
Trusteeship Agreement suggests the intention to
establish direct, affirmative, and judicially
enforceable rights.
*
*
*
Moreover, the Trusteeship Agreement constitutes
the plaintiffs’ basic constitutional document.
502 F.2d at 97-98.
..
The Government sought review of this
decision in the United States Supreme Court, but was refused.
420 U.S. 1003
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