711.60c12A/7
The Polish Minister (Ciechanowski) to
the Secretary of State
Washington, May 14,
1928.
71/T. 28
Sir: Referring to your note of March 28, 1928
concerning your proposal to conclude a treaty of arbitration and a
treaty of conciliation between the United States of America and Poland,
I have the honor to notify you that my Government has received your
proposal with real and sincere satisfaction, and has instructed me
immediately to take up negotiations on the basis of the drafts proposed
by you with the view to conclude treaties of arbitration and
conciliation between the United States and Poland at the earliest
possible date.
For reasons which I had the honor to explain personally today to Mr.
Robert E. Olds, Undersecretary of State, my Government has [Page 753] deemed it advisable to submit for your
consideration certain modifications of the drafts of the two treaties as
proposed by you. I have the honor to transmit herewith copy of the draft
of the two treaties wherein are embodied the proposed modifications.
The Polish Government trusts that, while the proposed modifications do
not tend to alter any one of the essential provisions of the two
proposed treaties, it can look forward to an early and successful
conclusion of the discussion which will be undertaken on the basis of
your drafts and the modifications which it has proposed.
My Government shares entirely your views on the importance of the
adoption of the two treaties, and expresses the hope that they will
prove instrumental both for the promotion of the friendly relations
between the Peoples of the United States and Poland, and the advancement
of the cause of arbitration as well as the pacific settlement of
international disputes, which cause has always been considered by my
Government to be its foremost aim.
Accept [etc.]
[Enclosure 1]
Draft Arbitration Treaty Between the United
States of America and Poland
The President of the Republic of Poland 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 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 eliminate forever the possibility of war among any of the
powers of the world;
Have decided to conclude a treaty of arbitration and for that purpose
they have appointed as their respective Plenipotentiaries
- The President of the Republic of Poland
- The President of the United States of America
who, having communicated to one another their full
powers found in good and due form, have agreed upon the following
articles:
[Page 754]
Article I
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 by treaty or otherwise, which it has not
been possible to adjust by diplomacy, which have not been adjusted
as a result of reference to an appropriate Commission of
Conciliation and which are justiciable in their nature by reason of
being susceptible of decision by the application of the principles
of international law or custom, shall be submitted to the permanent
Court of Arbitration, established at the Hague by the Convention of
October 18, 1907, or to any other competent tribunal, as shall be
decided in each case by special treaty, which special treaty shall
provide for the organization of such tribunal, if necessary define
its power, state the question or questions at issue and settle the
terms of reference.
The special treaty in each case shall be made on the part of Poland
in accordance with its constitutional law and 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.
Article II
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 observance of the obligations
of Poland in accordance with the covenant of the League of
Nations,
- (d)
- depends upon or involves the maintenance of the
traditional attitude of the United States concerning
American questions, commonly described as the Monroe
doctrine.
Article III
In all cases, according to the domestic jurisdiction of either of the
High Contracting Parties, belong to the sphere of competence of
national tribunals the Party in question shall have the right to
refuse the application thereto of the procedure of arbitration,
until a definite award of the competent tribunal is pronounced.
Article IV
The present treaty shall be ratified by the President of the Republic
of Poland in accordance with the Polish constitutional laws and by
the President of the United States of America by and with the advice
and consent of the Senate thereof.
[Page 755]
The ratifications shall be exchanged at Warsaw as soon as possible
and the Treaty shall take effect on the thirtieth day after the date
of exchange 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 in the Polish and English languages, both texts
having equal force, and hereunto affix their seals.
Done at
Washington the . . . . . day of . . . . . in the year
of our Lord one thousand nine hundred and twenty . . . .
.
[Enclosure 2]
Draft Conciliation Treaty Between the United
States of America and Poland
The President of the Republic of Poland and the President of the
United States of America, being desirous to strengthen the bonds of
amity that bind them together and also to advance the cause of
general peace, have resolved to enter into a treaty for that purpose
and to that end have appointed as their plenipotentiaries:
- The President of the Republic of Poland
- The President of the United States of America
Who, after having communicated to each other their respective full
powers, found in good and due form, have agreed upon the following
articles:
Article I
Any disputes arising between the Government of Poland 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 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 [Page 756] 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 ratifications of this treaty, and vacancies
shall be filled according to the manner of the original
appointment.
Unless this treaty provides otherwise, the International Commission
shall follow the rules of procedure as stated in the part III of the
Convention of October 18, 1907 for the pacific settlement of
international disputes (International Commissions of Inquiry).
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 High Contracting Parties agree to furnish the Permanent
International Commission with all the means and facilities required
for its investigation and report.
The report of the Commission shall be completed within one year after
the date on which it shall declare its investigations 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
In all cases, which according to the domestic jurisdiction of either
of the High Contracting Parties, belong to the sphere of competence
of national tribunals the Party in question shall have the right to
refuse the application thereto of the procedure of Conciliation,
until a definite award of the competent tribunal is pronounced.
Article V
The present treaty shall be ratified by the President of the Republic
of Poland in accordance with the Polish constitutional laws and by
the President of the United States of America by and with the advice
and consent of the Senate thereof.
[Page 757]
The ratifications shall be exchanged at Warsaw as soon as possible
and the treaty shall take effect on the thirtieth day after the date
of 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 in the Polish and English languages both texts
having equal force, and hereunto affix their seals.
Done at
Washington the . . . . . day of . . . . . in the year
of our Lord one thousand nine hundred and twenty . . . . .
.
