500.A15/1113: Telegram

The Chairman of the American Delegation (Gibson) to the Secretary of State

23. We have been contemplating what form of escape clause would be efficacious and have borne in mind your views to the effect that it should be very liberal in scope. We are of the opinion that a broad escape clause will aid the states bordering on Russia especially to enter a convention and will make it easier for all states to apply lower figures of limitation. In view of these considerations, we have drafted a text on which we would like to have your advice. Inasmuch as we may reach this debate early in the week I would appreciate a reply as soon as convenient. The text of the amendment which we propose to submit to the Secretariat to be circulated in advance as a proposed “American amendment,” is as follows:

“(1) If during the life of the present convention a change of circumstances constitutes, in the opinion of any high contracting party, a menace to its national security, such high contracting party may denounce or modify in so far as concerns itself any article or articles of the present convention, other than those expressly designed to apply in the event of war, provided

(a)
That such high contracting party shall immediately notify the other high contracting parties of such denunciation or modification, and in the latter event, of the extent thereof.
(b)
That simultaneously with the notification referred to in point (a) the high contracting party shall make to the other high contracting parties full explanation of the ‘change of circumstances’ referred to above.”

Gibson