I am sure it will be read with great interest by you, as it undoubtedly
reflects in a highly complimentary and commendable manner not only the
good will and feeling of confidence which exists between the two
neighboring Republics, which have thus been the first among their sister
Republics to the south of our own to adopt by treaty the principle of
arbitration in a wide and rational sense, but, as well, great credit
upon the two Governments.
Since the signing of this treaty I have been spoken to several times by
public men here with regard to their wish that they might see the same
kind of a treaty signed with our Government. Yesterday his excellency
President Roca said to me that he heartily hoped such a treaty might be
concluded between his Government and our own; that such an act would
have a far greater moral weight and be of wider good throughout South
America than we possibly imagined; that he hoped that I would not fail
while at Washington on leave to express to you and the President his
view in that regard and the pleasure it would give him to see such a
treaty signed between our Government and that of his country.
I replied that I would not only most gladly do as he wished, but that I
felt certain the sentiments he had expressed would find a cordial
welcome on the part of the President. In so stating, I feel sure I was
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properly interpreting what
would have been your instructions had you known of the subject.
I shall, in compliance with President Roca’s wish, do myself the honor
when in Washington in August to verbally express to you the reasons he
gave me for wishing to make such a treaty with us and his hope that we
might decide to do so.
[Inclosure.—Translation from La Nacion,
June 11, 1899.]
General treaty of arbitration, signed at Buenos
Ayres June 8, 1899, between the Argentine and Uruguayan
Governments.
The Governments of the Argentine Republic and of the Oriental
Republic of Uruguay, animated by a common desire to solve by
friendly means whatever question that may arise between them, have
agreed to celebrate a general treaty of arbitration, for which
purpose they name as their plenipotentiaries, to wit:
His excellency the President of the Argentine Republic; his minister,
secretary of the department of foreign relations and worship, Dr.
Amancio Alcorta; and his excellency the President of the Oriental
Republic of Uruguay; his envoy extraordinary and minister
plenipotentiary in the Argentine Republic, Dr. Gonzalo Ramirez, who,
having communicated to each other their full powers, found to be in
due and good form, have agreed on the following articles:
Article 1. The high contracting parties
obligate themselves to submit to an Arbitral decision all
controversies of whatever kind which for any cause may arise between
them, when they do not affect the principles of the constitution of
one or other country, and when they can not be solved by means of
direct negotiations.
Art. 2. Questions which have been the
objects of definite arrangements between the parties can not be
renewed by virtue of this treaty. In such cases arbitration will be
exclusively limited to the questions which may arise upon the
validity, interpretation, and compliance with said arrangements.
Art. 3. In each case arising a tribunal of
arbitration will be created, which shall resolve the existing
controversy. If no agreement can be reached to the constitution of
the tribunal, it shall be composed of three judges. Each State shall
name an arbitrator, and these shall designate the third. If they
cannot agree upon this designation, it shall be made by the head of
a third State, who will be indicated by the arbitrators named by the
parties. If no agreement can be reached concerning this last
nomination, the President of the French Republic shall be asked to
make the designation. The arbitrator thus designated shall by right
be present of the tribunal.
No person can be named third arbitrator who in such character shall
have previously rendered a decision in an arbitral case under the
terms of this treaty.
Art. 4. None of the arbitrators can be a
citizen of the contracting States nor domiciled in their territory.
Neither can they have an interest in the questions which may be the
object of arbitration.
Art. 5. In the case of the nonacceptance or
resignation of one or more of the arbitrators, or an insuperable
impediment befalling one of them, a substitute shall be provided
according to the same proceedings observed for the nomination of the
arbitrator.
Art. 6. The points agreed upon shall be set
forth by the contracting States, which can also fix the scope of the
powers of the arbitrators and any other facts relating to the
proceedings.
Art. 7. In default of special stipulations
between the parties, it appertains to the tribunal to designate the
time and place of its sittings outside the territory of the
contracting States, to elect the language that shall be employed, to
determine the methods of proofs, the formalities that shall be
followed by the two parties, the procedure to be observed, and in
general to take all measures that may be necessary to enable it to
perform its functions, and to resolve all the difficulties which may
arise in the course of debate. The contracting parties agree to
place at the disposition of the arbitrators all means of information
of which they are possessed.
Art. 8. Each one of the parties can appoint
one or more representatives before the arbitral tribunal.
Art. 9. The tribunal is competent to
pronounce upon the regularity of its own constitution, validity of
the agreement, and of its interpretation. It is equally competent
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to settle the
controversies that may arise between the contracting parties on the
subject whether certain questions may have or have not been points
submitted to arbitral jurisdiction under written agreement.
Art. 10. The tribunal shall decide in
accord with the principles of international law, unless the
agreement imposes the application of special rules or authorizes the
arbitrators to decide as friendly intermediators.
Art. 11. The tribunal can not meet without
the attendance of the three arbitrators.
In the event that the minority, after being duly cited, declines to
take part in the deliberations or other acts of the case, the
tribunal will be formed by the majority of the arbitrators only, the
voluntary or unjustifiable nonattendance of the minority being duly
noted.
The award reached by the majority of the arbitrators will be final,
but if the third arbitrator does not accept the view of either of
the arbitrators named by the two parties his conclusion will be
final.
Art. 12. The award shall definitely decide
each point in controversy, giving the reasons therefor.
It shall be written in duplicate and signed by all the arbitrators.
If one of them should refuse to sign it the others shall make
mention of this fact in a special act, and the award shall be
effective when signed by the majority of the arbitrators. The
dissenting arbitrator shall at the time of the signing of the award
make known his disagreement therewith, but without expressing his
reasons therefor.
Art. 13. The notification of the award
shall be made to each one of the contracting parties by its
representative before the tribunal.
Art. 14. The award legally rendered shall
settle within the limits of its effect the controversy between the
parties.
Art. 15. The tribunal shall set forth the
period within which it shall be made effective, being competent to
decide the questions that may arise in consequence of the execution
of the award.
Art 16. The award can not be appealed, and
its execution is confided to the honor of the nations who are
signatories to this pact.
Nevertheless, recourse of revision before the same tribunal which
pronounced the award may be had, provided there is shown before the
expiration of the time named for the execution of the award that:
- I.
- It has been rendered by virtue of a forced or falsified
document.
- II.
- That it has been in whole or in part the consequence of an
error of fact resulting from the proceedings or documents in
the case.
Art. 17. Each of the contracting parties
shall pay its own expenses and half of the general expenses of the
arbitral tribunal.
Art. 18. The present treaty shall remain in
force for ten years from the date of the exchange of ratifications.
If it should not be denounced six months prior to its term of
expiration, it shall be regarded as renewed for another period of
ten years, and so successively.
The present treaty shall be ratified and its ratifications exchanged
in Buenos Ayres within six months from the date thereof.
In witness whereof the plenipotentiaries
of the Argentine Republic and of the Oriental Republic of
Uruguay have signed and sealed with their respective seals, in
duplicate, the present treaty, in the city of Buenos
Ayres, the 8th day of June,
1899.
- Amancio Alcorta.
- Gonzalo Ramirez.
