500.A14/264: Telegram

The Chairman of the American Delegation (Burton) to the Secretary of State

42. Article 31 appears to imply compulsory obligation to submit to arbitration all disputes arising under the convention. Delegation desires early instructions whether it will not be necessary to modify this article to provide that in each case calling for arbitration a separate agreement should be reached by the high contracting parties concerned according to their constitutional requirements. In this connection delegation has considered article II of arbitration treaty between the United States and Sweden of June 24th, 1924.56

From preliminary discussion it seems likely that other powers would object to modification of text of treaty which would tend to weaken obligation on other states to submit to arbitration but would not object to separate reservation on our part. If the Department desires a reservation to this article it may therefore be necessary that such reservations be made at time of signing or of ratification. If Department wishes delegation to endeavor to secure modified existing text please telegraph exact phraseology desired.