Compact.

Under international law,

a treaty which does not pro-

vide for its termination, or for denunciation or withdrawal,

is

presumed not to be subject to denunciation or withdrawal 2”

4.

Point Two refers to the obligation to guarantee

the territorial integrity of the Marshall

Islands and to

guarantee against the use by third countries of Marshall

Islands territory,

for military purposes, without the express

consent of the Marshall

Islands Government.

Consequently,

the United States would not only have the right to veto any |
military use of Marshallese territory by a third country; it
would have the duty to take the necessary action to prevent

such use when such use has not been expressly authorized by
the Government of the Marshall

III.

Islands.

Proposed Implementation of Points One and Two

The following amendments to the Compact of Free
Association would adequately implement Points One and Two
while keeping the modifications to a minimum:
A.
Title IV,

Add the phrase "Except for the provisions of

which apply irrespective of the political status

of Palau, the Marshall

Islands or the Federated States of

Micronesia" at the beginning of both section 442 and section
443 of the Compact of Free Association,

of

The provisions would then read, in part:

Vienna Convention on the Law of Treaties,

Article 56.

supra n.3,

Ja
o

14, 1980.

initialled on January

Select target paragraph3