63 



3) Territories which have not yet attained full indepen- 

 dence, a more heterogeneous category of entities, which com- 

 prise: 



a) trust territories; 



b) territories over which there are disputes; and 



c) non-trust territories; 



4) Intergovernmental organizations and economic integra- 

 tion groups; and 



5) National liberation movements recognized by the 

 United Nations and by regional intergovernmental organizations 

 concerned. (Note by the President: informal document FC/23) 



During the informal plenary meetings, many delegations 

 urged that the questions of participation should be examined 

 from legal and juridical rather than from political perspec- 

 tives. Some delegations viewed the five entities as part of 

 a package which. would require a comprehensive solution. There 

 was no opposition to participation by all States. 



In dealing v/ith entities other than States, several dele.- 

 gations felt that objective criteria should be applied,' in a 

 uniform, way, to determine whether those entities had the legal 

 capacity to become a party to the Convention. 



As to the category of "fully self-governing associated 

 States", two important criteria emerged in the discussion: 

 (1) whether the entities contemplated in this category have 

 competence over the matters falling within the scope of the 

 Convention, and (2) whether they possess the legal personality 

 to enter into treaties in respect of those matters. 



In the case of the Cook Islands and Niue, as well as the 

 associated States that may emerge in the Trust Territory of 

 the Pacific Islands, it was argued that both criteria were 

 satisfied. 



As to the category of "territories which have not yet 

 attained full independence", the discussion again focused on 

 legal and administrative competence over subject matters of 

 the Convention and sufficient legal personality to make 

 treaties on their own with respect to such matters. With 

 respect to disputed territories, some delegations believed 

 such territories could not enjoy the benefits of the Conven- 

 tion while other delegations saw no reason why peoples of 

 such territories should not enjoy those benefits. Finally 

 with respect to other territories that are not independent, 



