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for =5a organization in connection with the turn=over to it of relief and rehabilitation responsibility. No authcrity conferred upon the former United Nations Commission in Korea has been of a mandatory character. The new Commission is to assume the functions hitherto exercised by the present United Netions Commission on Korea (UNCOK), which would give it no new authcrity of a manda- tory character (torms of reference of the present UNCOK attached as Tab G). It is believed that the new Commission's being given the duty of "representing the United Nations in bringing about the establishment of a unified, independent and democratic government of all Korea", likewise falls short of conferring such authority. Thus, the new Commission does not have any authority to instruct the Unified Command. Similarly, the Unified Com- mand possesses no authcrity to instruct the Commissione Consequently the relationship between the two is of a cone sultative character and will require continuous and coopera tive efforts to feresee and avoid difficulties. Consultation implies a parity of status, or at least an avcidance cf any attempt to define relative status. It may lead to a presentation of views by one party or the other. It may lead, at the discretion of the parties, to an exchange of views, and perhaps to modification of views which would lead to eventual agreement. No responsibility is incurred by the party offering views in the event that the other party accepts them and proceeds on that basis with indifferent success, and no responsibility is incurred by the party to which they are addressed in the event that that party refrains from accenting them. It is clear, however, that each party, inasmuch as it is acccuntable to a higher authority, must be prepared to justify the course which it has adopted, either in accepting, or in rejecting, the views of the other party. The Commission will have to acccunt to the General Assembly where it may find itself in disagreement with the Unified Command. The Unified Command (United States Government) will have to acccunt to the Secu- rity Council and to the General Assembly if it acts in disegreement

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Page context
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    "ocrText": "for\n=5a\norganization in connection with the turn=over to it of\nrelief and rehabilitation responsibility.\nNo authcrity conferred upon the former United Nations\nCommission in Korea has been of a mandatory character.\nThe new Commission is to assume the functions hitherto\nexercised by the present United Netions Commission on Korea\n(UNCOK), which would give it no new authcrity of a manda-\ntory character (torms of reference of the present UNCOK\nattached as Tab G). It is believed that the new Commission's\nbeing given the duty of \"representing the United Nations in\nbringing about the establishment of a unified, independent\nand democratic government of all Korea\", likewise falls\nshort of conferring such authority.\nThus, the new Commission does not have any authority to\ninstruct the Unified Command. Similarly, the Unified Com-\nmand possesses no authcrity to instruct the Commissione\nConsequently the relationship between the two is of a cone\nsultative character and will require continuous and coopera\ntive efforts to feresee and avoid difficulties.\nConsultation implies a parity of status, or at least an\navcidance cf any attempt to define relative status. It may\nlead to a presentation of views by one party or the other.\nIt may lead, at the discretion of the parties, to an exchange\nof views, and perhaps to modification of views which would\nlead to eventual agreement.\nNo responsibility is incurred by the party offering views\nin the event that the other party accepts them and proceeds\non that basis with indifferent success, and no responsibility\nis incurred by the party to which they are addressed in the\nevent that that party refrains from accenting them. It is\nclear, however, that each party, inasmuch as it is acccuntable\nto a higher authority, must be prepared to justify the course\nwhich it has adopted, either in accepting, or in rejecting,\nthe views of the other party. The Commission will have to\nacccunt to the General Assembly where it may find itself in\ndisagreement with the Unified Command. The Unified Command\n(United States Government) will have to acccunt to the Secu-\nrity Council and to the General Assembly if it acts in\ndisegreement"
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