711.60c12A/30
The Polish Minister ( Ciechanowski ) to the Secretary of State
Sir: I have the honor to acknowledge the receipt of your two notes of August 14th, 1928.
In these notes you discuss the attitude of your Government with regard to the proposals of the Polish Government to introduce certain changes in the drafts of the arbitration and conciliation treaties, [Page 762] the conclusion of which between the United States and Poland has been suggested in the note of Mr. Olds of March 28, 1928.
As was stated in my note addressed to you of May 14th, 1928, containing these proposals, the Polish Government, in submitting them, were of the opinion that while they do not tend to alter any one of the essential provisions of the treaties as suggested by you, nevertheless their adoption might help further to clarify some of the provisions of the draft treaties which in the opinion of my Government might be liable to misunderstanding or permit of different interpretations.
Furthermore, my Government, basing Themselves on the note of Mr. Olds of March 28, 1928, acted in the belief that the drafts of the treaties enclosed with this note, were not meant to be regarded as “ne varietur”.
From your note of August 14th, my Government understand that the Government of the United States, in negotiating at the present time identical treaties with about thirty States, desire in fact that this series of treaties be standardized.
Being anxious to assist the Government of the United States in attaining this aim, which practically precludes the introduction of any modifications in the original drafts, except minor changes of a strictly formal or technical nature; my Government have decided to withdraw such of Their suggestions as were deemed impossible or difficult to accept by the Government of the United States. My Government accordingly have instructed me to notify you of Their desire to conclude both treaties in the wording of the drafts attached to your note of August 14, 1928, declaring Themselves satisfied with the explanations contained in your two notes of August 14th, 1928, concerning those paragraphs of the treaties which did not appear to Them to be sufficiently clear.
My Government note with special satisfaction your explanation concerning the safeguard of the competence of national tribunals as well as that in which you deal with the use of the term “equity”. Regarding the former,—I must frankly say that my Government do not fully share your views that—“it is not the practice of States to resort to diplomatic action in cases that belong to the sphere of competence of national tribunals, unless there has been a denial of justice”.
My Government seem to recollect that in some, not infrequent cases such a practice has been actually followed by States. However, while suggesting that a provision clearly stating the inadmissibility of such a practice should be included in the treaties, my Government had no doubt, that the Government of the United States did not intend to have recourse to this practice, and it is in this spirit that They accept the explanations contained in your note respecting this subject.
[Page 763]Regarding the use of the term “equity”, the insufficient precision of which appeared to my Government susceptive of misunderstanding, especially in view of the fact that there is no exactly corresponding notion in Polish jurisdiction,—my Government agree with your explanation to the effect that the use of the words “law or equity” in Art. 1 of the treaty of arbitration, should not be construed to contradict the basic principle expressed in your note, namely that, “in respect of justiciable disputes between nations, which involve the interpretation of treaties, the basis of the decision must be the language of the treaty in question.”
My Government are satisfied that, similarly, principles of equity could not be invoked by a court of arbiters to supplement or override generally recognized principles of international law.
I have the honor to express my sincere gratification that the attitude of my Government, so clearly prompted by a sincere desire of bringing about a rapid conclusion of the Arbitration and Conciliation Treaties between Poland and the United States, permits me to ask you to fix a date upon which it will be convenient to you to sign the said treaties.
Accept [etc.]