Compact.
Under international law,
a treaty which does not pro-
vide for its termination, or for cenunciation 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,
consent of the Marshall
Islands
without the express
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
Iitl.
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.
Add the phrase "Except for the provisions of
Title IV,
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,
14,
9/
1980.
initialled on January
The provisions would then read, in part:
Vienna Convention on the Law of Treaties,
Article 56.
supra n.3,