500.C114/769: Telegram

The Consul at Geneva ( Rand ) to the Secretary of State

From Root. Report of Committee of Experts to Council13 recommends following protocol:

[Here follows the text of the protocol, except for place, date, and signatures, printed on page 53.]

[Page 12]

Basis is acceptance of all reservations in article 1. No reservation is repeated in protocol except for the purpose of showing some modification. Thus reservations one and three are unmodified. Two is strengthened by drafting addition to make meaning clear under continental usage. Four is made reciprocal. First part of five is made definite by taking in rule adopted by court after Senate action in order to give effect to Senate views.

Second part of five is unmodified and thus becomes the rule of action leaving only questions of its application. Fifth article of protocol is intended to provide for application of fifth reservation through method of procedure by which any question [omission] whether a particular request would result in breach of fifth reservation may be disposed of in friendly discussion, with the understanding that if there is no agreement and a request for opinion which we consider in violation of reservation five is insisted upon we shall be considered to have just ground for denouncing the protocol.

This protocol carefully avoids the submission of any question to the Court. This is for absolutely conclusive reasons which I shall be glad to state when I return. Any provision for such a submission would be wholly inconsistent with the plan for settlement which I explained at Washington and here and which is embodied in this draft.

I have made thorough inquiry regarding European attitude toward advisory opinion and will explain results in person. They indicate no useful possibilities at present.

The committee report will go to the Council which can not consider it until its June meeting.14

Thank you for many helpful suggestions and information. Expect to sail for home by Ile de France April 10. [Root.]

  1. Post, p. 16.
  2. See letter of June 12 from the Secretary-General of the League of Nations, p. 15.