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International Treaties and the Free Territory of Trieste
The Free Trieste Movement is the organization that acts for the re-establishment of legality in the Free Territory of Trieste, an independent, neutral and demilitarised State with an international Free Port, established on 15 September 1947. To archive this result, it bases all of its actions and documents (which are published at this LINK) on the laws and international treaties in force, which are published here.
The Treaty of Peace with Italy:
One month before the signature of the Treaty of Peace with Italy, on 10 January 1947, with Resolution S/RES/16 (1947) the United Nations Security Council declared its role of guarantor of the integrity and independence of the Free Territory of Trieste - FTT.
This document, in English and Franch, can be read and downloaded from the official website of the United Nations Organization: LINK
One month later, on 10 February 1947, at Parigi, the Treaty of Peace with Italy is signed, the attacking country and member of the Axis had surrendered without conditions at the end of World War II. The official version of the Treaty, in English, French and Russian, is published in the United Nations Treaty Series Volume 49: LINK
Article 21 ed the Treaty of Peace terminates Italian sovereignty over Trieste at the coming into force of the Treaty, on 15 September 1947: on this date, is established a new, independent State, the Free Territory of Trieste - FTT, with an international Free Port and subject to a provisional regime of Government (annex VI) in the expectation that the UNO Security Council appoints its Governor.
Annex VII of the Treaty of Peace (Instrument for the Provisional Regime of the Free Territory of Trieste) prescribes that the role of first Government of State of the FTT is entrusted to the Allied Troops that were already in the area (British and US troops in the main administration zone, Yugoslav troops in the secondary zone).
The Allied Military Government of the Free Territory of Trieste (AMG FTT) e charge of the main zone, announced the independence of the new State with this trilingual proclamation: LINK
There are many Italian laws that ratify and recognize this territorial change, for a complete and updated list we suggest reading the documents of the Free Trieste Movement: LINK
Memorandum of Understanding regarding the Free Territory of Trieste:
On 5 Octobre 1954, in London, the Governments of Italy, the United Kingdom, the United States and Yugoslavia sign a Memorandum of Understanding regarding the Free Territory of Trieste: the military administration of the FTT ends, leading to the establishment of a temporary civil administration.
This is when the AMG FTT hands over the provisional administration over the main zone of Trieste (zone A) t the Italian Government, while the secondary administration zone (zone B) is handed over by the Yugoslav Military Government to the Government of State of the Socialist Federal Republic of Yugoslavia.
The official version of the Memorandum, in English and French, is published in the UN Treaty Series Volume 235: LINK
By signing the Memorandum o Understanding regarding the Free Territory of Trieste, both the Italian and the Yugoslav Government accept to have a double role: as Government of State for their own Country, and as provisional government for another State - the Free Territory of Trieste - on behalf of the United Nations; at the same time, the relations between the three States - Italy, FTT, Yugoslavia - remain subject to the Treaty of Peace ad to all laws and agreements that derive from it.
Due to the dissolution of the Socialist Federal Republic of Yugoslavia and, therefore, of its Government, the only part of the Memorandum of Understanding regarding the Free Territory of Trieste still in force is thezone regarding the obligations of the Italian Government as for the administration of the main zone of the FTT, that includes Trieste and its international Free Port.
This mandate prescribes to respect articles from 1 to 20 of Annex VIII of the Treaty of Peace, which establish and regulate the functioning of the international Free Port of Trieste, a state corporation of the FTT that offers special and important fiscal advantages to many States in Europe and in the world.
This is confirmed by the legal translation of the document in Italian, drafted by the Court of Trieste as part of a trial in which Roberto Giurastante, founder of the Free Trieste Movement, raised an exception of jurisdiction. Out thanks to Roberto Giurastante for making the document available on his blog, "Ambiente e Legalità" - "Environment and Legality" (in Italian): LINK
The Italian-Yugoslav agreement, namely said "of Osimo":
The version of the s.c. Treaty of Osimo of 1975 lodged at the UNO (1985) awaiting the ratification of the Secretariat, confirms that this is bilateral agreement between two States, therefore, it cannot give raise to obligations for the International Community. For instance, bilateral agreements cannot amend multilateral treaties like the Treaty of Peace with Italy,was they cannot affect the sovereignty of third Countries, namely the Free Territory of Trieste, also, bilateral treaties are null and void when breaching other, superior Treaties or agreements .
As for this, it is important keeping in mind that article 7 of the 1975 Italian-Yugoslav treaty confirms that the obligations established with the Memorandum regarding the Free Territory of Trieste case to have effect in relations between the two States (without affecting their Governments, the signatories of the Memorandum, or the relations with all other States).
For instance, when it comes to Italy and (now dissolved) Yugoslavia, it was the international obligations established with the 1947 Treaty of Peace with Italy that established their obligations with respect to the Free Territory of Trieste ; thus article 7 does only confirm that the temporary civil administration of the FTT was an exclusive right and duty of the two Governments of Italy and of Yugoslavia, in which no other State than the FTT was involved.
The copy of the Italian-Yugoslav treaty lodged at the United Nations is published here: LINK (see the "Note by the Secretariat" for further information about the general principles described aboto as for the status of bilateral treaties and agreements).
The present-day Free Territory of Trieste:
As mentioned above, the only part of the Memorandum of Understanding regarding the Free Territory of Trieste that is in force concerns relations between the Italian Government and the former "main zone" of the FTT: this is a consequence of the expiring of the mandate entrusted to the government of Yugoslavia over the secondary zone of the FTT due to the dissolution of the Socialist Federal Republic of Yugoslavia.
After two plebiscites a twowith the international recognition of the Republics of Slovenia and Croatia in their present-day borders (1991/92), consolidated also by the UN Security Council with its resolutions for the admission of the two States in the UNO, S/RES/754 (1992) and S/RES/753 (1992) - LINK - the part of the Free Territory of Trieste that was previously entrusted to the Yugoslav government came under the sovereignty of the two new independent States.
As for the legal principles regulating the international recognition of the new status of the secondary zone of the FTT as part of the new sovereign States of Slovenia and on Croatia by all signatory States of the previous Treaty of Peace, we suggest reading article 30.3 of the Vienna Convention on the Law of Treties, published on the UNO website: LINK
These are the legal principles establishing that the present-day Free Territory of Trieste corresponds with its former "main zonee" or "Zone A" established under the 1954 Memorandum: the present-day FTT consists in the capital city, Trieste, the international Free Port and 5 smaller Municipalities, currently under a provisional regime of Government, entrusted to Government of Italy on behalf of the United nations.
In full accordance with the laws in force, the Free Trieste Movement has no claims against the Republics of Slovenia and Croazia or against any other State and its actions to re-establish legality in the current Free Territory of Trieste promote cooperation, peace and international stability.
On 23 October 2015, referring to the international protection of parts of territory and the protection of the civil populationof Palestina, the United Nations Security Council published an analisys of the Secretariat General on the matter and, at point V, the document confirms the unchanged status of the present-day Free Territory of Trieste - FTT. Protocol number: S/2015/809 – LINK
The present-day Free Territory of Trieste (FTT - TLT - STO) and its neighbour States: Italy and Slovenia: