I return to you the memorandum of September 21 on the proposed federation of Eritrea with Ethiopia.

2. I suggest that you should, in consultation with the Legal Division and Miss MacCallum, prepare a teletype to the Canadian Delegation to the Assembly setting forth the problem.

3. I am inclined not to be as concerned as you are over the precedent which is being set, since the precedent is, I think, a pretty narrow one. The Assembly has, I think, an undoubted legal right under the Italian Peace Treaty to prescribe a constitution for Eritrea and to require that Ethiopia accept this constitution in the international instrument transferring Eritrea to Ethiopia. I would also think that the Assembly has a legal right to require Ethiopia to make changes in its own constitution as a quid pro quo for the federation of Eritrea with Ethiopia.

4. Article 2 (7) of the Charter is not, to my mind, inconsistent with this interpretation of the power which the Assembly has been given by the Italian Peace Treaty.

The domestic jurisdiction clause in the Charter merely states that nothing in the Charter authorizes the United Nations to intervene in certain domestic matters. It does not say that the United Nations cannot be given power by international instruments other than the Charter to intervene in domestic affairs.

5. In particular, the domestic jurisdiction clause 'must be read along with Article 107, which says that nothing in the Charter shall invalidate or preclude action in relation to enemy states, etc.

6. The other point which you raise has, I think, greater substance that is, the extent to which the General Assembly would be obliged to enforce its will in perpetuity on Ethiopia. I would submit that, no matter how far reaching are the international obligations which Ethiopia may be required to assume by the Assembly as a condition for the acquisition of Eritrea, the Assembly need not enter into any obligation to enforce its will on Ethiopia. Should Ethiopia not live up to its promises, it will be in default on its international obligations and may be found to be in default by the International Court. In that case Article 94 of the Charter will apply.⁴⁹

E. R[EID]

⁴⁹Aux termes de l'article 94, section 2, le Conseil de sécurité peut, si nécessaire, prendre des measures pour appliquer les décisions de la Cour internationale.
Article 94, Section 2 permits the Security Council to take action to enforce judgements of the International Court if necessary.