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the Compact Continued fran Page 3

vnaergy Commitree which will have primary
“esponsibility within the Senate for legisative approval of the Compact and related
wireements.
Apparently, permanent denial
wes first sought but eventually the 100-year
seriod was thought to be permanent enough.
One of the important features of an

agreement of free associaticn in United

vations usage is that the freely associated
State be in a position to unilaterally terminate the arrangement. An arrangement that
can be terminated by the giving of notice is
more likely to regarded as "free." This
power of termination is somewhat hedged in
the Compact by the modification that, in the
event of unilateral termination, the security

and defense powers of the U.S. continue up

ro the end of the intial 15-year life of the
Compact, or for any furtier period mutually

agreed upon.

Compact shall continue in effect for a term

of 100-years" and suitable payments shall
be negotiated.

50 or 100 years is a much longer and

arguably more burdensome period than fifteen

years.
It has been suggested by Beiauan
sources that what is really being guaranteed
in years 51-100 is a kind of neutrality for
Belau whereby thcre is no U.S. military use
and no other country may use the territory
militarily either.
If this is the case, it
seems strange that there are specific references to the environmental protection
provisions and to the Joint Committee (for
disputes) which presuppose some continued
U.S. military activity. Realistically
speaking, the 50-year period is primarily
cosmetic. It seems mlikely that it is really
contemplated that the United States presence
would terminate after that time if the U.S.
wished it to continue.

Again, whether this part of the deal
can pass muster at the United Nations is
open to speculation.

There is no specific

mention of this type of military arrangement
in any of the relevant resolutions of the
U.N. dealing either generally with the concept of free association or with free asso-

While there is no direct United Nations
prececent on peint and the natter is not free
fFrem doubt, the extension to the 15-year

period is probably not sufficiently burdensone to invalidate the arrangement as far
as the U.N. is concerned. Article IX of
che Militarv Use Agreement raises substan-

tially more doubt about whether as a practical matter Belau woulda be free to terminate the Agreement unilaterally or whether

it ie so securely locked in to the Military

Agreement with the U.S. that it does not
have any freedom of action within a reason~
able period. Article IX provides that the
acreement is to remain in force for a term
of 50 years.
26

It goes on to provide that, notwith-

tanding the 50-year life of the agreement,
article VI of Title Cne (the environmental

rretection provisions of the Compact) and

sections 311(b) (2)

(Denial), 351 (Joint

-ormdittee for dealing with cisputes over
“.curdty and Defense matters) 354(b) (the
nited States promise to respond in case of
uh armed attack on Belau) and 454(a) (U.S.
oremise cf continuing interest in promoting

‘conomic development in Belau) of the

ciation in a particular territory.

The only free association arrangements
specifically approved by the U.N. are those
between New Zealand on the one hand and the
Cook Isiands and Nive on the other. Neither
of those arrangements have anything con-.

parable to this aspect of the United States-

Belau Ag~eement.
Either of those states may
unilaterally terminate their arrangement at
any time,

including New Zealand's "respon-

sibility" for their security and defense.
There is no limit in those arrangements of

any kind of denial or a continuing military

relationship after termination.

Assessing the propriety of the free
association agreement under U.N. norms involves assessing all relevant factors to

determine the extent to which it is really

"free."

Tt seems likely that some United

Nations members will look verycosely at
the 50- and 100-year periods with the suspicicn that

in the total context they make

it extremely difficult for Belau to exercise
freely its right to terminate the relationship.

In short, the long term denial pro-

visions do not enhance the chances of U.N.
approval of the arrangement.

Select target paragraph3