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.
[Enclosure]
Draft Treaty of Arbitration and
Conciliation
The United States of America and Japan determined to prevent so far
as in their power lies any interruption in the peaceful relations
that have always existed between the two nations, desirous of
reaffirming 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 and conciliation enlarging the
scope and obligations of [Page 137]
the Arbitration Convention signed at Washington on May 5, 1908,
which expires by limitation on August 24, 1928, and for that purpose
they have appointed as their respective Plenipotentiaries
- The President of the United States of America
- His Majesty the Emperor of Japan
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 Japan, of whatever nature they may be,
shall, when ordinary diplomatic proceedings have failed and the High
Contracting Parties do not have recourse to adjudication by a
competent tribunal, be submitted for investigation and report to a
permanent International Commission constituted in the manner
prescribed in the next succeeding Article; and they agree not to
declare war or begin hostilities during such investigation and
before the report is submitted.
Article II
The International Commission shall be composed of five members, to be
appointed as follows: One member shall be chosen from each country,
by the Government thereof; one member shall be chosen by each
Government from some third country; the fifth member shall be chosen
by common agreement between the two Governments, it being understood
that he shall not be a citizen of either country. The expenses of
the Commission shall be paid by the two Governments in equal
proportions.
The International Commission shall be appointed within six months
after the exchange of the ratifications of this treaty; and
vacancies shall be filled according to the manner of the original
appointment.
Article III
In case the High Contracting Parties shall have failed to adjust a
dispute by diplomatic methods, and they do not have recourse to
adjudication by a competent tribunal, they shall at once refer it to
the International Commission for investigation and report. The
International Commission may, however, spontaneously by unanimous
agreement offer its services to that effect, and in such case it
shall notify both Governments and request their cooperation in the
investigation.
The High Contracting Parties agree to furnish the Permanent
International Commission with all the means and facilities required
for its investigation and report.
[Page 138]
The report of the Commission shall be completed within one year after
the date on which it shall declare its investigation to have begun,
unless the High Contracting Parties shall limit or extend the time
by mutual agreement. The report shall be prepared in triplicate; one
copy shall be presented to each Government, and the third retained
by the Commission for its files.
The High Contracting Parties reserve the right to act independently
on the subject matter of the dispute after the report of the
Commission shall have been submitted.
Article IV
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, 1907,11 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 Japan in accordance with the constitutional laws
of Japan.
Article V
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 VI
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
[Page 139] thereof and by Japan
in accordance with its constitutional forms. 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 . . . .
.
