[Enclosure—Translation]
The Chief of the Swiss Federal Political
Department (Motta) to the American
Minister (Wilson)
Berne, June 12,
1928.
B14/4 Am.–RZ
Mr. Minister: You are doubtless aware that
the Government of the United States, through the Swiss Legation at
Washington, has approached the Federal Council with a view to the
conclusion of a treaty of arbitration between the two countries. It
has, furthermore, expressed the desire that the Bryan Treaty,
concluded on February 13, 1914, between the United States and
Switzerland, should, if possible, be put into force.
The Federal Council has studied with the greatest interest the
proposals of the Government of the United States and is gladly
disposed to negotiate an agreement for the pacific settlement of
disputes which might arise between the two countries. However, it
has not overlooked the difficulties which might be encountered in
submitting to the Federal Chambers at this time a treaty signed
nearly fifteen years ago. It appears much preferable to the Federal
Council that the treaty to be concluded should cover both the
procedure of conciliation and the procedure of arbitration. Such a
solution should be all the more acceptable to the Government of the
United States since the Federal Council would be prepared to
negotiate the agreement in question within the very limits of the
Bryan Treaty of 1914 and on the basis of the draft arbitration
treaty which Mr. Kellogg transmitted to the Swiss Minister at
Washington.
With a view to facilitating the negotiation, the Federal Council has
prepared a counter-draft of the treaty which it would be happy to
see concluded between the two countries and has instructed the Swiss
Legation in the United States to communicate the tenor thereof to
the Department of State at Washington.
We hasten to enclose a copy of this draft for your information.40
As you will note, the draft of the Federal Council does not depart
extensively from the American draft. It contains, in particular, the
specific reservations on arbitration which appear in the Arbitration
Treaty between France and the United States of February 6, 1928
(Article 5 of the draft), as well as a provision which would enable
[Page 939]
the American Senate to
reserve its powers as regards approval of special arbitration
agreements (Article 4, last paragraph).
As regards the procedure of conciliation, the first three articles of
the Swiss counter-draft resume almost in their entirety the
provisions of the Bryan Treaty signed on February 13, 1914. The
Federal Council has nevertheless deemed it expedient to complete
them by the following three points:
- 1.
- In case of disagreement on the choice of the president of
the conciliation commission, the nomination will be made in
conformity with Article 45 of The Hague Convention for the
pacific settlement of international disputes, of October 18,
1907.41 The absence of an agreement
between the parties on the choice of the president should
not result in an indefinite postponement of the constitution
of the commission.
- 2.
- The Bryan Treaties provide neither the manner in which a
dispute is to be submitted to the commission, nor the place
where it is to hold its meetings. Article 3, paragraph 1, of
our counter-draft would fill these gaps.
- 3.
- As regards the procedure before the commission, paragraph
2 of the same article contains substantially the provisions
of Chapter III of the first Hague Convention of October 18,
1907, whereas the Bryan Treaties are silent on the procedure
proper.
In preparing its counter-draft, the Federal Council might clearly
have followed more closely the numerous treaties concluded up to
this time by the Confederation in matters of conciliation and
arbitration, but it has endeavored to adhere as nearly as possible
to the general lines of the American draft in order to facilitate an
understanding on the terms of an agreement which will serve to
strengthen even more the excellent relations existing between our
two countries.
Please accept [etc.]
[For text of the treaty signed February 16, 1931, see Department
of State Treaty Series No. 844 or 47 Stat. 1983.]
