Papers relating to the foreign relations of the United States, 1928, Volume II

711.5112 U.S./4

The Secretary of State to the French Ambassador (Claudel)

Washington, December 28, 1927.

Excellency: I have the honor to transmit herewith for the consideration of your Government and as a basis for negotiation, a draft of a proposed treaty of arbitration between the United States of America and the French Republic. The provisions of this draft operate to extend the policy of arbitration enunciated in the Convention signed at Washington February 10, 1908¹ (which expires by limitation on February 27, 1928), and explicitly record the desire of the two Governments to condemn war as an instrument of national policy in their mutual relations, thus formally recognizing, with the modifications which we have discussed orally, two of the fundamental principles underlying the proposal informally submitted to me last June by His Excellency the Minister of Foreign Affairs.²

I feel that by adopting a treaty such as that suggested herein we shall not only promote the friendly relations between the Peoples of our two countries, but also advance materially the cause of arbitration and the pacific settlement of international disputes. If your Government concurs in my views and is prepared to negotiate a treaty along the lines of that transmitted herewith, I shall be glad to enter at once upon such discussions as may be necessary.

Accept [etc.]

Frank B. Kellogg

[Enclosure]

Draft Treaty of Arbitration

The United States of America and the French Republic determined to prevent so far as in their power lies any interruption in the peaceful relations that have happily existed between the two nations for more than a century, desirous of re-affirming their adherence to the policy of submitting to impartial decision all justiciable controversies that may arise between them, and eager by their example not only to demonstrate their condemnation of war as an instrument of national policy in their mutual relations, but also to hasten the time when the perfection of international arrangements for the pacific settlement of international disputes shall have eliminated forever the possibility of war among any of the Powers of the world, have decided to conclude a new treaty of arbitration enlarging the scope and obligations of the arbitration convention signed at Washington on February 10, 1908, which expires by limitation on February 27, 1928, and for that purpose they have appointed as their respective Plenipotentiaries

• The President of the United States of America
• The President of the French Republic

who, having communicated to one another their full powers found in good and due form, have agreed upon the following articles:

Article I

Any disputes arising between the Government of the United States of America and the Government of the French Republic of whatever nature they may be, shall, when ordinary diplomatic proceedings have failed and the High Contracting Parties do not have recoutse to adjudication by a competent tribunal, be submitted for investigation and report, as prescribed in the treaty signed at Washington, September 15, 1914,³ to the Permanent International Commission constituted pursuant thereto.

Article II

All differences relating to international matters in which the High Contracting Parties are concerned by virtue of a claim of right made by one against the other under treaty or otherwise, which it has not been possible to adjust by diplomacy, which have not been adjusted as a result of reference to the above-mentioned Permanent International Commission, and which are justiciable in their nature by reason of being susceptible of decision by the application of the principles of law or equity, shall be submitted to the Permanent Court of Arbitration established at The Hague by the Convention of October 18, 1907,⁴ or to some other competent tribunal, as shall be decided in each case by special agreement, which special agreement shall provide for the organization of such tribunal if necessary, define its powers, state the question or questions at issue, and settle the terms of reference.

The special agreement in each case shall be made on the part of the United States of America by the President of the United States of America by and with the advice and consent of the Senate thereof, and on the part of France in accordance with the constitutional laws of France.

Article III

The provisions of this treaty shall not be invoked in respect of any dispute the subject matter of which

(a) is within the domestic jurisdiction of either of the High Contracting Parties,

(b) involves the interests of third Parties,

(c) depends upon or involves the maintenance of the traditional attitude of the United States concerning American questions, commonly described as the Monroe Doctrine.

Article IV

The present treaty shall be ratified by the President of the United States of America by and with the advice and consent of the Senate thereof and by the French Republic in accordance with its constitutional laws. The ratifications shall be exchanged at Washington as soon as possible, and the treaty shall take effect on the date of the exchange of the ratifications. It shall thereafter remain in force continuously unless and until terminated by one year’s written notice given by either High Contracting Party to the other.

In faith thereof the respective Plenipotentiaries have signed this treaty in duplicate and hereunto affix their seals.

Done at Washington the . . . . . . day of . . . . . . . . in the year of our Lord one thousand nine hundred and twenty . . . . .

1. Foreign Relations, 1908, p. 331.
2. See ibid., 1927, vol. ii, pp. 611 ff.
3. ibid., 1915, p. 380.
4. ibid., 1907, pt. 2, p. 1181.