The loyalty agreement between the United Nations and Australia, New Zealand and the United Kingdom is available in: The Nauru Republic Memorial, submitted to the ICC, contains a detailed history of phosphate mining during the various periods of colonization, including German mining laws in force at the beginning of the 20th century and mining structures and arrangements throughout the term of office and trust. On May 19, 1989, the Republic of Nauru filed a motion with the Court Registry to file proceedings against the Commonwealth of Australia for a dispute over the rehabilitation of certain phosphate areas dismantled under Australian administration prior to naïve independence. In its application, Nauru asserted that Australia had breached the trust obligations it had accepted under Section 76 of the United Nations Charter and the Nauru Trust Treaty of November 1, 1947. Nauru also claimed that Australia had violated certain obligations to Nauru under general international law, including the implementation of the principle of self-determination and permanent sovereignty over natural resources and wealth. Australia would have assumed international legal responsibility and would be required to pay Nauru compensation or other appropriate remedies for the damages suffered and the prejudices suffered. Within the deadline for the presentation of its monument, Australia has raised some provisional objections to the admissibility of the application and the jurisdiction of the Court of Justice. Fifty years ago, on January 31, 1968, Nauru became an independent nation. It is the smallest island republic in the world with a land area of only 8.1 square km (“about 0.1 times the size of Washington, D.C.”) and a population of about 10,000 people. Prior to independence, the island was the subject of a United Nations loyalty agreement involving Australia, New Zealand and the United Kingdom (United Kingdom) from 1947, with Australia responsible for its management. This agreement followed a mandate of the League of Nations of 1920 – predecessor of the United Nations – in which the same countries participated.
Before World War I, Germany was granted to Nauru as part of the Anglo-German Agreement on the Western Pacific of 1886 and annexed in 1888 as part of its Marshall Islands protectorate. In 1914, Australian troops seized the island and it was then managed by the United Kingdom until the mandate of the League of Nations was developed. During World War II, Nauru was occupied by Japan, which held the island between 1942 and 1945. The Nauru Island Agreement was a joint trust document between the governments of the United Kingdom, Australia and New Zealand on the management of the Pacific Island of Nauru.