M. Briand, to whom I have not failed to telegraph the text, has suggested
certain modifications of which I told you verbally yesterday.
[Page 813]
He sent me a draft containing
these modifications. I have the honor to transmit these attached hereto
to your Excellency.
[Enclosure]
French Draft Treaty of Arbitration
The President of the French Republic and the President of the United
States of America,
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 reaffirming their adherence to the policy of submitting
to impartial decision all judiciable controversies that may arise
between them;
Eager by their example, not only to demonstrate that in their
reciprocal relations they condemn war, but also to hasten the time
when the conclusion of international arrangements for the pacific
settlement of disputes between states shall have eliminated forever
the possibilities of war among the nations of the world;
Considering the treaty signed in Washington on September 15th 1914,
to facilitate the settlement of disputes between France and the
United States of America;
Considering that the arbitration convention signed at Washington on
February 10th, 1908 expires on February 27th, 1928, and that it is
necessary to replace it by provisions enlarging the scope of the
said convention, which shall, according to international law of
to-day, develop its obligatory principles,
Have decided to conclude a treaty to these ends and have appointed as
their respective plenipotentiaries:
- The President of the French Republic . . . . . . .
.
- The President of the United States of America . . . . . .
. .
Who, having communicated to one another their full powers, found in
due and proper form, have agreed upon the following articles:
Article 1. Any disputes which might arise
between the Government of the French Republic and the Government of
the United States of America, of whatever nature they may be, shall,
when ordinary diplomatic proceedings have failed and the High
Contracting parties have not had recourse to adjudication by a
competent tribunal, be submitted for investigation and report, as
prescribed in the treaty signed at Washington September 15th, 1914,
to the Permanent International Commission constituted pursuant
thereto.
Article 2. 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 have not been adjusted as a
result of reference to the Permanent
[Page 814]
International Commission mentioned in Article
1st, and which are justiciable in their nature by reason of being
susceptible of decision by the application of the principles of law
and equity, shall be submitted to the Permanent Court of Arbitration
established at the Hague by the Convention of October 18th, 1907, or
to some other competent tribunal as shall be decided in each case by
special agreement; such a special agreement shall provide for the
organization of the said 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
Government 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.
In case an understanding could not be reached on the special above
mentioned agreement, the procedure to be applied will be that
provided for in articles 53 and 54 of the Convention of the Hague of
October 18th, 1907.
Article 3. The provisions of the present
treaty shall not be invoked in respect of any dispute, the subject
matter of which is:
- a)
- 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 of America
concerning American conditions commonly described as the
Monroe Doctrine,
- d)
- depends upon or involves the observation of the
obligations of France in accordance with the Covenant of the
League of Nations.
Article 4. 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
President of the French Republic in accordance with the
constitutional law of the Republic.
The ratifications shall be exchanged at Washington as soon as
possible and the treaty shall take effect on the date of the
exchange of ratifications. It shall thereafter remain in force
continuously. However, it may be terminated by one or the other of
the Contracting Parties and in this case its effects will cease at
the expiration of a delay of one year beginning on the date of the
denunciation.
In faith thereof the respective Plenipotentiaries have signed this
treaty in duplicate, both in French and in English, both texts
prevailing, and hereunto affixed their seals.
